Over-Enforcement

ILR is leading the business community’s campaign to address irrational enforcement practices that compromise the rule of law, and fundamental fairness. ILR consistently encourages companies and enforcement agencies to work in partnership to most effectively prevent waste, fraud, and corruption. To further that partnership, we encourage, among other things, the adoption of common-sense enforcement policies that result in punishments that are proportional to alleged offenses and incentivize companies to invest and develop compliance programs.

Suggested Resources

Research
  • Lighting the Way: FCA Reform and Compliance Program Credit

    Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018

    This paper contends that in order to encourage companies to create and sustain a culture of consistent compliance, particularly with regard to the federal False Claims Act, the U.S. Department of Justice should formalize a policy of offering credit for companies that implement effective compliance and ethics programs. Read More

  • The Great Myths of State False Claims Acts

    The Great Myths of State False Claims Acts

    February 28, 2018

    The 2018 update to "Great Myths of State False Claims Acts" shows that the whistleblowers' bar is continuing to capitalize on state qui tam False Claims Acts (FCAs), harvesting windfall awards from states and the federal government. The paper also points out that the dubious benefits of implementing a state FCA turn into a clear financial net negative when states allow their FCAs to fall out of compliance with federal standards. Read More

Additional Resources

All Results for Over-Enforcement

  1. DOJ Releases False Claims Act Cooperation Guidance

    May 08, 2019 | News

    The U.S. Department of Justice unveiled new guidance to describe how companies can earn cooperation credit in False Claims Act investigations, Law360 reports.... Read More

  2. Chamber GC Says Sen. Warren's Proposal Would "Upend Hundreds of Years of U.S. Legal Tradition"

    May 08, 2019 | Blogs

    In a new op-ed in The Wall Street Journal, U.S. Chamber of Commerce General Counsel John Wood explains why a simple-sounding proposal from Sen. Elizabeth Warren, which makes company executives criminally liable for actions that now are considered basic negligence, would "upend hundreds of years of U.S. legal tradition and wreak havoc in boardrooms." ... Read More

  3. In the News Today - May 1, 2019

    May 01, 2019 | News

    Law Professors Say ALI's Upcoming Contracts Restatement Is Flawed; DOJ Issues New Guidance Regarding Compliance Programs... Read More

  4. In the News Today - April 4, 2019

    April 04, 2019 | News

    DOJ Chief Privacy Officer Calls for Single, Preemptive Federal Data Privacy Law... Read More

  5. In the News Today - March 15, 2019

    March 15, 2019 | News

    Enforcement of the Foreign Corrupt Practices Act Has Entered an Era of Transparency in Incentives and Rewards... Read More

  6. FCPA Self-Reporting Program Makes Headway

    March 13, 2019 | News

    The Department of Justice has publicized at least 12 Foreign Corrupt Practices Act (FCPA) cases in which prosecutors have declined to charge companies who self-reported wrongdoing, the Wall Street Journal reports...... Read More

  7. DOJ Rolls Back Ban On Disappearing Messages

    March 12, 2019 | News

    The U.S. Department of Justice has taken yet another step to ease corporate compliance in Foreign Corrupt Practices Act cases... Read More

  8. Deputy Attorney General Rod Rosenstein Highlights “Piling On,” Corporate Compliance in Keynote Address

    March 11, 2019 | News

    Deputy Attorney General (DAG) Rod Rosenstein recently gave remarks on anti-corruption efforts about the dangers of duplicative "piling on" enforcement actions, the value of good corporate compliance programs, and the need for enforcement agencies to incentivize compliance, according to the Department of Justice news service.... Read More

  9. Bill Barr Confirmed as Next Attorney General

    February 15, 2019 | News

    The U.S. Senate has confirmed Bill Barr to be the next U.S. Attorney General by a 54-45 vote yesterday, the National Law Journal reports.... Read More

  10. In the News Today - February 4, 2019

    February 04, 2019 | News

    The Granston Memo, One Year Later; Are New Data Rules Fueling Securities Litigation in Europe?... Read More