Criminal cartel enforcement is a top priority of the Department of Justice Antitrust Division, and cartel investigations, in particular those with international aspects, are on the rise.
What’s more, the penalties for cartel violations in the United States have increased dramatically during the last decade. The maximum corporate fine under the Sherman Antitrust Act is US$100 million, but the Division routinely negotiates corporate fines exceeding that amount. The maximum jail sentence is now 10 years, and prosecutors use every aggressive investigative tool including search warrants, informants and wiretaps to make a case.
For more than 30 years, DLA Piper Of Counsel Robert E. Connolly worked with the Antitrust Division, United States Department of Justice, conducting criminal investigations and prosecutions. His last position before entering private practice with DLA Piper was Chief of the Mid Atlantic Regional office, from 1994 through early 2013.
For our readers, Bob has prepared a video and an accompanying article sharing some of his extensive experience with the Division’s criminal cartel enforcement program. Bob provides an insider’s view into the Division’s thinking on topics such as how the Division conducts covert investigations, its coordination with international partners, what the Division expects from a leniency applicant, what is really negotiable in a plea agreement and when the Division is willing to go to trial. The paper and video will help you understand what it means to cooperate with the Division and when it may be time to stand and fight.
Click here to view video.
And please take a look at Bob’s article reviewing the current state of cartel enforcement in the US.