Acting Principal Deputy Assistant Attorney General Trevor N. McFadden of the Justice Department’s Criminal Division Speaks at ACI’s 19th Annual…
Acting Principal Deputy Assistant Attorney General
Acting Principal Deputy Assistant Attorney General
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Good morning, and thank you for the very kind introduction.It is a pleasure to see so many friends and colleagues here today.I appreciate the invitation to be with you all, and congratulations to
Today, I would like to address the suggestions from some that the
Of course, in past weeks and months,
The Criminal Division is making strides on important violent crime prosecutions and investigations, which we take very seriously.For example, the Organized Crime and Gang Section (OCGS) recently successfully prosecuted in the District of
Indeed, the Criminal Division is prosecuting some of the most notorious criminals around.Currently, our Narcotic and Dangerous Drug Section (NDDS) continues to prosecute some of the most significant national and international drug trafficking groups and other transnational criminal organizations.For example, and with assistance from the
These violent crime-focused prosecutions are only a sample of what the Criminal Division is doing in this regard.Our Child Exploitation and Obscenity Section, which is focused on prosecuting those who sexually exploit children, our Human Rights and Special Prosecutions Section, and our Capital Case Section all have busy and growing violent crime prosecutions.
However, a great deal of the Criminal Division's work continues to focus on a wide array of white collar crime matters, such as: fraud, bribery, public corruption, organized crime, trade secret theft, money laundering, securities fraud, government fraud, healthcare fraud and computer and
Our Money Laundering and Asset Recovery Section (MLARS) continues to bring cases that demonstrate the department's commitment to maintaining the integrity and security of the
The investigation was a multi-year, cooperative effort between the MLARS, four
In addition to enforcing the FCPA, the Criminal Division's Fraud Section works in a wide array of white collar criminal matters, including health care fraud (HCF) cases.Our HCF Unit within the Fraud Section identifies and responds to emerging fraud trends across the country, including large corporate health care fraud.HCF attorneys work in
In
In
As a result, many expectant mothers traveled long distances from their homes to deliver at the Tenet Hospitals, placing their health and safety, and that of their newborn babies, at risk.Under the global resolution:(1) two Tenet subsidiaries,
The Criminal Division is also deeply concerned about the opioid abuse epidemic, and we are looking for new and effective ways to hold the doctors and pharmacies accountable who willfully provide opioids to addicts.
Additionally, the Criminal Division is focused on impactful corruption cases at home and abroad.For example, the Fraud Section, in partnership with the
This brings me to our FCPA enforcement, which is also as alive as ever.The FCPA Unit within the Fraud Section has primary jurisdiction among Department components for prosecuting FCPA matters and in developing FCPA enforcement policy.As you may know, I spent the last four years in private practice, working on anti-corruption issues.In those four years, the size of the FCPA Unit has nearly doubled, and our Fraud Section trial attorneys are hard at work on numerous significant investigations.
In 2016 alone, through the diligent work of the FCPA Unit, 17 individuals were charged or pleaded guilty to FCPA violations and 13 corporate resolutions were reached, resulting in
The Fraud Section and FCPA Unit's aims are not to prosecute every company we can, or break our own records for the largest fines or longest prison sentences.Our aim is to motivate companies and individuals voluntarily to comply with the law.It is by working with companies transparently and in partnership that we can achieve this goal.We recognize that business organizations are our partner in the fight against corruption, because they are in the best position to detect risk, to take preventative measures and to educate those who act on its behalf on best practices.We hope that, in this cooperative effort, we can reduce corruption with effective compliance programs that prevent nefarious conduct from happening and through effective prosecutions to resolve violations in a way that punishes the conduct and deters similar future misconduct.
Today, motivated as ever by the importance of ensuring a fair playing field for honest corporations doing business abroad, the department continues to vigorously enforce the FCPA.The department is committed to enforcing the FCPA and to prosecuting fraud and corruption more generally.The department does not make the law, but it is responsible for enforcing the law, and we will continue to do so.We also continue to prioritize prosecutions of individuals who have willfully and corruptly violated the FCPA - Attorney General Sessions has stressed the importance of individual accountability for corporate misconduct.Finally, the department continues to work with business organizations and their counsel and regularly takes into consideration voluntary self-disclosures, cooperation and remedial efforts when making charging decisions.
I am glad to say that, in recent years, there has been a notable increase in international cooperation between our international partners and the Department.In the last couple of weeks alone, Attorney General Sessions and leaders from the Criminal Division have met with four different attorneys general from various partner countries.In so many of the cases we handle, and nearly all of the white collar cases, cooperation with our foreign partners has become a hallmark of our work.And of course, international cooperation is a two-way street, meaning that just as we receive significant assistance from our foreign partners in our investigations and prosecutions, so too do we provide significant assistance to them.Indeed, and especially in the area of bribery of foreign officials, countries around the world are strengthening their domestic laws, and investigating and bringing impactful cases.As part of our cooperation with our international partners, where appropriate, we seek to reach global resolutions that apportion penalties between the relevant jurisdictions so that companies seeking to accept responsibility for their prior misconduct are not unfairly penalized for the same conduct by multiple agencies.
We want to be transparent about our expectations.Transparency about our enforcement policies and practices is important.The Fraud Section's "Pilot Program" is one example of an effort to provide more transparency and consistency for our corporate resolutions.The program began last April, and was intended to last for a year, at which point we would review the program.A year has now passed.We are now conducting a full assessment of the Pilot Program to consider how we can most effectively motivate companies and individuals to voluntarily comply with the law and how we can appropriately communicate our prosecutorial priorities and expectations to parties subject to the FCPA.The program will continue in full force as we evaluate it and until we reach a final decision regarding its permanence.
In closing, I want to again thank ACI and my friends and colleagues who are present.It has been a privilege to be with you today.I hope that I have left you with a clear sense of the breadth of the Criminal Division's mission and our commitment to prosecuting both violent crime and white collar crime.Thank you again for your time today.
Topic:
Financial Fraud
StopFraud
Criminal Division (http://www.justice.gov/criminal/)
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