How Far Will the DOJ Go? Individual Accountability in Corporate Criminal Cases

Why should this concern white-collar professionals? Individual accountability remains the DOJ's "first priority."

By Andrey Spektor & By Laura S. Perlov | January 13, 2023 at 08:49 AM

U.S. Department of Justice. Photo: Diego M. Radzinschi/ALM

If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention. And if companies can't turn over incriminating communications to law enforcement, then prosecutions against individuals will suffer—an unacceptable outcome to prosecutors bent on making cases against individuals for white-collar offenses.

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