Recent Trends in the U.S. Department of Justice’s International Criminal Investigations

Discussion with two former senior prosecutors on how to handle cases involving Japanese multinational corporations

It is not unusual for the U.S. Department of Justice to investigate non-U.S. multinational corporations in international criminal cases, interrogate foreign witnesses and prosecute. Moreover, the facts under investigation often extend beyond the United States. Over the past five years, the Department of Justice’s investigative and prosecutorial policies have become more sophisticated, and even Japanese companies are no longer able to respond to risks without paying attention to their trends. In addition, neglecting to conduct legal investigations and inadequately responding to them causes the responsibility of directors and executive directors.

In this seminar, we will discuss how the practice of international investigation and prosecution surrounding Japanese companies has changed and evolved between a lawyer who was a Justice Department prosecutor until last year, a lawyer who was a Justice Department prosecutor for a long time, and a lawyer who specializes in the practice of international transactions of Japanese companies. Specifically, the participants will discuss (1) cooperation with other investigative agencies in their own countries and abroad, (2) changes in the requirements for leniency through corporate cooperation, (3) acceleration of aggravated responses to recidivism cases, (4) use of monitoring ships and elaboration of requirements, (5) expansion of the scope of orders for written submissions under the Patriot Act, (6) increasing use of economic sanctions, and (7) measures against virtual currencies, using specific examples.

Furthermore, as a Japanese multinational corporation, it is important to consider concrete measures to respond to these situations. There are a variety of tasks to be dealt with, including (a) enhancing compliance systems, (b) confirming the scope of attorney-client privilege, and (c) aligning with data privacy legislation. We hope that we will be able to understand the current risk factors and find a way to respond to them. We look forward to your participation.

Speakers:
Nathaniel Edmonds (Partner, Washington D.C.)
Leo Tsao (Partner, Washington D.C.)
Toshiyuki Arai (Partner, Tokyo)