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The Daily

DOJ White Collar Crime Investigations to be Guided by Confirmation, Not Certification

Chris Gaetano
Published Date:
Mar 28, 2016
GavelPivoting from its previous approach, the Justice Department is now concentrating more on individuals than companies in white collar crime investigations. Companies will need to hand over all relevant information about individuals under investigation under this new method. However, The Wall Street Journal reports that companies will only need to confirm, not certify, that they gave the government everything it needs. Speaking at a recent conference, DOJ Fraud Section Chief Andrew Weissmann said the affirmation will not be a legally binding SOX-style certification. Instead he said the affirmation will be part of a settlement process that, in his words, will be "collegial." This is a softer approach to companies, said The Journal, more informal than formal. 

Weissmann added that the specific form this affirmation will take is still being determined.