By Edward V. Arnold

Seyfarth Synopsis: On June 1, 2020, the Criminal Division of the US Department of Justice (DOJ) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. The document, entitled “Evaluation of Corporate Compliance Programs,” updates a prior version issued in April 2019, and seeks to better assist prosecutors in assessing
Continue Reading Department of Justice Issues Updated Guidance on Evaluation of Corporate Compliance Programs

By Andrew H. PerellisJeryl L. Olson, Brent I. ClarkPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  The regulated community had a pleasant surprise from President Trump this week.  The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and interpretations of federal rules
Continue Reading President Issues Executive Orders on Guidance Documents and Transparency

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

By Jeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents.

On January 25, 2018, Associate Attorney General Rachel Brand released an Department memo “Limiting Use
Continue Reading Business-Friendly Times – USDOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

By James L. Curtis and Meagan Newman

The U.S. Department of Justice (DOJ) announced this week that it is creating a Whistleblower Ombudsperson position.  According to the DOJ news release, “Whistleblowers play a critical role in uncovering waste, fraud, abuse, and mismanagement.” This new position will enable the DOJ Office of the Inspector General (OIG) “to continue its leadership as
Continue Reading New DOJ Whistleblower Ombudsperson Position Reflects Government Commitment to Whistleblower Protection and Enforcement

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Department of Justice (DOJ) and The Ryland Group Inc. (Ryland Homes), have filed a proposed consent decree to resolve Clean Water Act violations. The complaint, filed simultaneously with the proposed consent decree in the U.S. District Court in Charlotte, N.C., alleged violations that were discovered through site inspections and

Continue Reading Homebuilder to Pay $625,000 Penalty for Construction Site Stormwater Violations

By Andrew H. Perellis, Eric E. Boyd, and Craig B. Simonsen

Most environmental statutes allow suits challenging actions by the U. S. Environmental Protection Agency (EPA), and provide that successful plaintiffs in these actions can receive attorney fees and costs. The U.S. Government Accounting Office (GAO) recently released an analysis of Environmental Litigation: Cases Against EPA and Associated Costs

Continue Reading How Much Does the United States Pay to Successful Plaintiffs in Environmental Cases?