Читать книгу Financial Regulation and Compliance - Kotz H. David - Страница 15

As noted above, these regulatory entities coordinate as appropriate with the Department of Justice (“DOJ”). The DOJ is a federal department designed to enforce the law and defend the interests of the United States.37 The mission of the DOJ is to:

enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. 38

Offices and groups within the U.S. Department of Justice include the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Prisons, the U.S. Federal Marshals, and the U.S. Parole Commission. The SEC and CFTC coordinate with the DOJ on enforcement cases, as they often initiate civil proceedings against the same actors or involving similar facts to criminal proceedings brought by the DOJ.

In addition, the DOJ and SEC share enforcement authority for the anti-bribery and accounting provisions of the Federal Corrupt Practices Act (“FCPA”). The DOJ has criminal FCPA enforcement authority over “issuers” (i.e., public companies) and their officers, directors, employees, agents, or stockholders acting on the issuer's behalf. The DOJ also has both criminal and civil enforcement responsibility for the FCPA's anti-bribery provisions over “domestic concerns” – including (a) U.S. citizens, nationals, and residents, and (b) U.S. businesses and their officers, directors, employees, agents, or stockholders acting on the domestic concern's behalf – and certain foreign persons and businesses that act in furtherance of an FCPA violation while in the territory of the United States. The SEC is responsible for civil enforcement of the FCPA over issuers and their officers, directors, employees, agents, or stockholders acting on the issuer's behalf.39 The SEC, CFTC, FINRA, and NFA all refer potential criminal matters to the DOJ for prosecution.