DOJ: No Need To “Boil The Ocean” To Get Cooperation Credit

Internal investigations, in order to receive cooperation credit from the Department of Justice, can be “appropriately tailored to the facts at issue,” says the Chief of the Department of Justice Fraud Section, Andrew Weissmann. Speaking at a panel about the Federal Corrupt Practices Act, Weissman maintained that DOJ investigators and the companies they investigate share a common interest – prompt resolution of matters under investigation – and companies don’t need to “boil the ocean.” He provided some concrete examples of the kind of investigative overkill that resulted in companies running up millions of dollars in unnecessary legal costs. Other comments from Weissman were less comforting to his corporate audience. The DOJ, he emphasized, now has a keen interest in individual culpability. He exhorted his listeners to steer clear of passive formulations like the ever-popular “mistakes were made,” and instead try to get it right down to subject and verb.