Attorney General Eric Holder and Principal Deputy Assistant Attorney General for the Criminal Division Marshall Miller have sent the message that the Department of Justice is looking to hold individuals responsible for corporate crime.

Holder, speaking at New York University, announced that the department is currently investigating the conduct of individuals at certain financial institutions and “expect[s] to bring charges in the coming months.” Holder also called on Congress to provide more robust incentives for whistleblowers under the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”), and suggested a reward commensurate with that provided under the False Claims Act (up to 30% of the sanction imposed) to induce employees to come forward with information.

Miller, during a speech at the Global Investigation Review Program, likewise said that “[t]he prosecution of individuals — including corporate executives — for white-collar crimes is at the very top of the Criminal Division’s priority list.” Miller stressed the benefit to a company under investigation that cooperates with the Department of Justice by providing evidence of individual culpability, instructing that companies seeking cooperation credit should be ready to disclose the evidence “uncovered as to the culpable individuals, what steps [the company] took to see if individual culpability crept up the corporate ladder, [and] how tireless [the company’s] efforts were to find the people responsible.”

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Photo of Jessica Fisher Jessica Fisher

Jessica Fisher is an associate in the Litigation Department. Jessica handles a variety of complex litigation matters for clients in a diverse range of industries in both federal and state courts, as well as before arbitration forums. She has represented corporate and individual…

Jessica Fisher is an associate in the Litigation Department. Jessica handles a variety of complex litigation matters for clients in a diverse range of industries in both federal and state courts, as well as before arbitration forums. She has represented corporate and individual clients in matters involving financial crimes, fiduciary duties, and the Foreign Corrupt Practices Act. Jessica has particular experience in securities litigation, white collar criminal defense, and internal and regulatory investigations.

Jessica also maintains an active pro bono practice, which includes representing indigent criminal defendants and advising clients on intellectual property issues.

Photo of Phillip Caraballo-Garrison Phillip Caraballo-Garrison

Phil Caraballo is a senior associate in the Litigation Department, where he also represents the Litigation Department on the Associate Council. His practice focuses on white collar criminal defense and corporate investigations, appellate litigation, and complex civil litigation at both the state and…

Phil Caraballo is a senior associate in the Litigation Department, where he also represents the Litigation Department on the Associate Council. His practice focuses on white collar criminal defense and corporate investigations, appellate litigation, and complex civil litigation at both the state and federal levels.

As a member of the White Collar Defense & Investigations Group, Phil represents clients in prosecutions involving a broad array of federal and state crimes, including insider trading, racketeering, tax evasion, money laundering, and antitrust charges. He frequently guides corporate clients through internal investigations conducted in cooperation with law enforcement and regulatory agencies, and internal investigations and due diligence processes focused on resolving potential anti-corruption issues under the FCPA.