Trump Administration’s Priorities on Corporate Wrongdoings: What You Need to Know
Since the issuance of the Yates Memo in late 2015, the US Department of Justice has pursued a policy of seeking accountability from individuals who perpetrate corporate wrongdoing. It requires that any company under investigation must deliver all proof of wrongdoing by its employees to receive credit for cooperation. The DOJ policy thus added a heavy burden to any corporation that intends to use an internal investigation as support for leniency or a settlement.
With the avowedly business-friendly Trump administration comes uncertainty over how priorities will change under the new attorney general and reconstituted DOJ staff. In this live webcast, a panel of thought leaders brought together by The Knowledge Group will discuss the current state of Yates Memo enforcement as it affects inside counsel and internal compliance officers, and further how the preferences of the current administration may translate into refocusing or revision of DOJ policy.
Key Topics Include
- Yates Memo Overview
- Individual Accountability
- Internal Investigations
- Disclosure Requirements
- Cooperation Credit
- Criminal/Civil Liability
- Enforcement Trends
Vinoo P. Varghese, Principal
Varghese & Associates, P.C
- Will aggressive enforcement as outlined in the Yates memo increase/decrease/continuewith the new Trump administration?
- Sessions’ history and record of support for legislation/speeches as an indicator of his stance
- What is this stance in comparison to the Yates memo?
- Other considerations:
- Effects of a new administration (Republican/Democrat)
- What do we know/have we heard from others in the DOJ about their stance/the future of the prosecution of white collar matters?
- How are penalties imposed/ punishments calculated?
- United States Sentencing Guidelines
- Individuals vs organizations
Justin Goodyear, Counsel
Wilmer Cutler Pickering Hale and Dorr
- Trump Administration White Collar Enforcement
- Continued Focus on Compliance?
- Compliance Will Remain Important Even if Pace of US Enforcement Activity Slows
- FCPA Enforcement
- FCPA Enforcement: DOJ Pilot Program
- Securities Enforcement
- Securities Enforcement: Dodd-Frank Whistleblower Program
Who Should Attend:
- Corporate Investigations Attorneys
- Corporate Compliance Attorneys
- White Collar Defense Attorneys
- In-house Counsel
- Internal Compliance Officers
- Corporate Executives
- Corporate Senior Management
Justin Goodyear focuses his practice on white collar enforcement, internal investigations and other litigation matters. His background as a prosecutor of securities fraud and FCPA cases enables him to assist clients with responding to government investigations, preparing for litigation, and developing policies and training programs to enhance compliance. His recent representative engagements include:
- representing a US financial services firm in a securities fraud investigation;
- representing a US financial services firm in an insider trading investigation;
- representing a European investment company in an FCPA investigation;
- conducting a risk assessment for a power company entering the Chinese market; and
- representing a US custodian bank in a state court action in which plaintiffs asserted breach of fiduciary duty, Uniform Securities Act and other claims arising out of securities lending practices during the 2008-2009 credit crisis.
From 2010 to 2015, Mr. Goodyear was a trial attorney in the Securities and FCPA Units of the Fraud Section of the US Department of Justice (DOJ). During that time, he led multiple global investigations into possible FCPA violations by major companies, oversaw a securities fraud investigation into a broker-dealer that resulted in a guilty plea and a multi-million dollar resolution, and investigated matters related to insider trading violations and stock market price manipulation. Mr. Goodyear also tried criminal Ponzi scheme and Medicare fraud cases.
Prior to joining the DOJ, Mr. Goodyear worked as an associate at another New York law firm, where he conducted investigations into FCPA, healthcare, energy industry and accounting matters, and represented clients in securities, bankruptcy, and other civil and criminal litigation. He served as a law clerk for the Honorable Robert A. Katzmann of the US Court of Appeals for the Second Circuit and the Honorable Naomi Reice Buchwald of the US District Court for the Southern District of New York
Justin Goodyear focuses his practice on white collar enforcement, internal investigations and other litigation matters. His background as a prosecutor …
Vinoo Varghese is a Martindale AV Preeminent rated attorney, and since 2015, a New York Metro Super Lawyer in the white collar criminal defense arena. Since 2014, THE NATIONAL TRIAL LAWYERS organization has honored him as a Top 100 Trial Lawyer. Varghese was also a 2014 recipient of the NEW YORK LAW JOURNAL Rising Star award.
In 2000, Varghese began his legal career as a prosecutor. In 2006, he founded Varghese & Associates, P.C. The firm represents individuals and companies in all criminal cases including white-collar matters, state felonies and misdemeanors, appeals, internal corporate investigations, and asset-forfeiture proceedings.
In May 2015, in the Second Circuit against the IRS & DOJ Criminal Tax Division, Varghese obtained a rarely granted retrial for a client previously convicted of tax fraud. In November 2015 at the retrial, Varghese secured a complete acquittal for the same client.
Varghese’s advocacy has led him to be quoted multiple times in THE NEW YORK TIMES, THE WALL STREET JOURNAL, the NEW YORK LAW JOURNAL, and LAW360. Some of his more notable white-collar representations have included Galleon hedge fund trader, Rengan Rajaratnam, and former NYC Councilman, Dan Halloran.
In 2013, the NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS heralded Varghese as a courageous attorney for his stalwart defense of clients, the federal andstate constitutions, and the criminal defense bar at large.
Varghese graduated from Brooklyn Law School, New York University, and Chaminade High School. He has taught for the NYC Law Department’s Trial Advocacy Program, Cardozo Law School’s Intensive Trial Advocacy Program, and Brooklyn Law School’s Business Boot Camp. Varghese has also provided clinical training through an externship for students at Brooklyn Law School, Hofstra Law School, and New York Law School.
Vinoo Varghese is a Martindale AV Preeminent rated attorney, and since 2015, a New York Metro Super Lawyer in the …
Print and review course materials
Method of Presentation:
Experience in corporate or white collar criminal law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Wilmer Cutler Pickering Hale and Dorr
WilmerHale provides legal representation across a comprehensive range of practice areas that are critical to the success of our clients. We practice at the very top of the legal profession and offer a cutting-edge blend of capabilities that enables us to handle deals and cases of any size and complexity.
About Varghese & Associates, P.C.
Varghese & Associates, P.C., a Manhattan-based defense firm, paves the way for clients to resume their lives. The firm dedicates all of its efforts to protecting and defending clients' rights in federal and New York state courts, in criminal proceedings, white-collar matters, internal corporate investigations, and asset-forfeiture cases. Vinoo Varghese founded the law firm in 2006, after a successful tenure as a New York prosecutor.