This new focus comes with a more strategic enforcement philosophy. According to the memo, the DOJ has committed to conducting investigations more quickly and weighing the “collateral consequences” for companies under scrutiny, such as disruption of lawful operations or reputational damage from drawn-out probes. The memo also spells out specific factors DOJ will weigh in deciding whether to open a case. These factors include ties to transnational criminal organizations, efforts to obstruct justice or conceal payments, and the presence (or absence) of a foreign law enforcement authority willing to take the lead. Enforcement, in other words, will be more selective and focused on intentional corruption involving sophisticated concealment or national security risks.
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