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Richard Powers, Deputy Assistant Attorney General for Criminal Enforcement, spoke at the ABA’s International Cartel Workshop on February 19, 2020, discussing the strong commitment the Division has to its leniency program as a core tool for effectively combatting cartel conduct. Powers stressed the complementary nature of leniency and partnerships such as the PCSF in creating a holistic approach to detecting, deterring, and prosecuting bid rigging and other criminal antitrust violations. He singled out small- and medium-sized government contractors as the focus of the PCSF’s deterrent effect, stating “[t]he reality is that small and medium-sized businesses that are tempted to collude on government contracts or subcontracts are more likely to be deterred by wide-spread awareness of the illegality of bid rigging and active enforcement, which is why the Justice Department established the PCSF.”

Powers also addressed the role of effective corporate compliance programs, calling them “the first line of defense in preventing these crimes.” He explained that while corporate compliance programs are now taken into account at the charging stage and a factor that weighs in favor of Deferred Prosecution Agreement, companies should not view the credit given for corporate compliance programs as a substitute for leniency, which he said “will continue to be the ultimate credit for an effective compliance program that detects antitrust crimes and allows prompt self-reporting.”

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Photo of Daniel Zelenko Daniel Zelenko

Daniel L. Zelenko is a partner in the New York office of Crowell & Moring and serves as co-chair of the firm’s nationally recognized White Collar & Regulatory Enforcement Group. Dan is a former federal prosecutor and senior enforcement lawyer at the U.S.

Daniel L. Zelenko is a partner in the New York office of Crowell & Moring and serves as co-chair of the firm’s nationally recognized White Collar & Regulatory Enforcement Group. Dan is a former federal prosecutor and senior enforcement lawyer at the U.S. Securities and Exchange Commission (SEC). He has been recognized as a leader in the white collar and regulatory enforcement bar by Chambers USA since 2016 and is held in high regard for his U.S. Department of Justice (DOJ) and SEC experience and his antitrust and securities enforcement experience. Chambers USA described Dan as a “tremendous talent” who “tries cases really impressively before the government,” noting that he “is a very effective advocate who sees the whole picture,” is “thoroughly knowledgeable about the legal and regulatory landscape,” and that “he knows his way around the street, and knows how to work with people in difficult situations.” Dan has been quoted as a leading authority on white collar defense and government investigations in numerous media outlets including The Wall Street Journal, The New York Times, Bloomberg and Reuters and has appeared on CNN.

Photo of Megan Wolf Megan Wolf

Megan Louise Wolf is a partner in the firm’s Washington, D.C. office. Megan’s practice focuses on antitrust counseling, mergers and acquisitions, and criminal and civil antitrust investigations. Named as a “Rising Star” by Legal 500 and The Deal, Megan counsels and represents…

Megan Louise Wolf is a partner in the firm’s Washington, D.C. office. Megan’s practice focuses on antitrust counseling, mergers and acquisitions, and criminal and civil antitrust investigations. Named as a “Rising Star” by Legal 500 and The Deal, Megan counsels and represents clients in a wide range of transactional antitrust matters, including mergers and acquisitions, joint ventures, competitor collaborations, and issues related to compliance with the Hart-Scott-Rodino Antitrust Improvements Act. Megan represents corporate clients and individual executives in criminal antitrust investigations, including those into procurement fraud, hiring practices, financial services, generic pharmaceuticals, and numerous other industries.