Jonathan S. Kolodner

Jonathan S. Kolodner’s practice focuses on white-collar criminal enforcement and regulatory matters as well as complex commercial litigation.

Firm/Organization: Cleary Gottlieb Steen & Hamilton LLP

Blogs: Cleary Enforcement Watch

Latest Articles

Cleary Enforcement Watch

DOJ Guidance on Corporate Compliance Programs: A Checklist for Directors

By Jennifer Kennedy Park, Joon H. Kim, Jonathan S. Kolodner & Lisa Vicens on May 6, 2019

As discussed in our most recent blog post, on April 30, 2019, the Criminal Division of the U.S. Department of Justice (“DOJ” or “the Department”) announced updated guidance for the Criminal Division’s Evaluation of Corporate Compliance Programs (“the Guidance”). The Guidance is relevant to the exercise of prosecutorial discretion in conducting an investigation of a corporation, determining whether to bring charges, negotiating plea or other agreements, applying sentencing guidelines and appointing monitors.[1] The…

Cleary Enforcement Watch

DOJ Updates Guidance for Evaluating Corporate Compliance Programs

By Jennifer Kennedy Park, Joon H. Kim, Jonathan S. Kolodner & Lisa Vicens on May 3, 2019

On April 30, 2019, the Criminal Division of the U.S. Department of Justice announced updated guidance for the Criminal Division’s Evaluation of Corporate Compliance Programs (“the Guidance”) in charging and resolving criminal cases. This memorandum highlights key updates and discusses the themes present across versions of the Guidance. Overall, this newest version places greater emphasis on distilling “lessons learned” from misconduct, and on incorporating those lessons into the compliance program using objective metrics collected from…

Cleary Enforcement Watch

DOJ Updates FCPA Corporate Enforcement Policy

By Jonathan S. Kolodner, Lisa Vicens & Lorena Michelen on April 3, 2019

In a recent speech at the annual ABA White Collar Crime Conference in New Orleans, Assistant Attorney General Brian Benczkowski of the Criminal Division of the Department of Justice (“DOJ”) announced certain changes to the FCPA Corporate Enforcement Policy (“the Enforcement Policy” or “Policy”) to address issues that the DOJ had identified since its implementation.[1] These and other recent updates have since been codified in a revised Enforcement Policy in the Justice Manual.…

Cleary Enforcement Watch

U.S. Supreme Court Requires Foreign State-Owned Corporation to Comply With Contempt Order in Mueller Investigation

By Jonathan I. Blackman, Joon H. Kim, Jonathan S. Kolodner, Rahul Mukhi, Boaz S. Morag, Diarra M. Guthrie & Katie Sheridan on January 14, 2019

As discussed in Cleary Gottlieb’s December 21, 2018 Alert Memorandum, on December 18, 2018, the U.S. Court of Appeals for the D.C. Circuit issued an important ruling in In re Grand Jury Subpoena, holding, inter alia, that foreign state-owned corporations are subject to criminal jurisdiction in the United States and upholding Special Counsel Mueller’s authority to serve and enforce a grand jury subpoena on a sovereign entity. The foreign state-owned corporation subsequently sought…

Cleary Enforcement Watch

D.C. Circuit Rules in Special Counsel Mueller Investigation That State-Owned Corporations Are Subject to Criminal Jurisdiction in the United States

By Carmine Boccuzzi, Joon H. Kim, Jonathan S. Kolodner, Rahul Mukhi & Rathna Ramamurthi on December 21, 2018

On December 18, 2018, the District of Columbia Circuit Court of Appeals issued an important ruling in In re Grand Jury Subpoena, holding that foreign state-owned corporations are subject to criminal jurisdiction in the United States and that the exceptions to sovereign immunity set forth in the Foreign Sovereign Immunities Act (the “FSIA”)[1] apply to criminal as well as to civil cases.[2] The court also rejected the foreign sovereign entity’s argument…

Cleary Enforcement Watch

New DOJ Guidance on the Imposition and Selection of Corporate Monitors

By Jennifer Kennedy Park, Jonathan S. Kolodner & Lisa Vicens on October 16, 2018

On Friday, October 12, 2018, during remarks at the NYU School of Law Program on Corporate Compliance and Enforcement Conference on Achieving Effective Compliance, Assistant Attorney General Brian A. Benczkowski of the Department of Justice announced new guidance, issued on October 11, relating to the imposition and selection of corporate compliance monitors in Criminal Division matters. Acknowledging the significant burden that monitors place on corporations, Benczkowski announced that the new guidance is intended to ensure…

Cleary Enforcement Watch

Second Circuit Issues Rare Decision Interpreting the FCPA

By Jonathan S. Kolodner, Lisa Vicens, Jennifer Kennedy Park & Olivia H. Renensland on August 29, 2018

On August 24, 2018, the Second Circuit in United States v. Hoskins issued a decision limiting the FCPA’s reach, holding that foreign nationals who cannot be convicted as principals under the FCPA also cannot be held liable for conspiring to violate or aiding and abetting a violation of the statute. The decision, written by Judge Pooler (joined by Chief Judge Katzmann and Judge Lynch, who also wrote a concurring opinion), concluded that, due to affirmative…

Cleary Enforcement Watch

DOJ Remarks Provide Guidance on Addressing FCPA Risk in M&A Transactions

By Jennifer Kennedy Park, Jonathan S. Kolodner & Martine B. Forneret on July 30, 2018

DOJ has expanded its efforts to give more concrete guidance to companies facing FCPA risk to M&A transactions and the question of successor liability. In a speech on July 25, 2018, at the American Conference Institute’s 9th Global Forum on Anti-Corruption Compliance in High Risk Markets, Deputy Assistant Attorney General Matthew S. Miner highlighted DOJ’s views on successor liability for FCPA violations by acquired companies.[1] Miner sought to clarify DOJ’s policy regarding the…

Cleary Enforcement Watch

DOJ Announces New Inter-Agency Task Force on Market Integrity and Consumer Fraud

By Jonathan S. Kolodner, Rahul Mukhi & Erin C. Gallagher on July 16, 2018

On July 11, 2018 the U.S. Department of Justice (“DOJ”), Bureau of Consumer Financial Protection (“CFPB”), the Securities and Exchange Commission (“SEC”) and the Federal Trade Commission (“FTC”) announced the establishment of a new Task Force on Market Integrity and Consumer Fraud (the “Task Force”).[1] Deputy Attorney General Rod Rosenstein made the announcement on behalf of the Task Force, joined by Acting Director Mick Mulvaney of the CFPB, Chairman Jay Clayton of the…

Cleary Enforcement Watch

DOJ Announces New Inter-Agency Task Force on Market Integrity and Consumer Fraud

By Jonathan S. Kolodner, Rahul Mukhi & Erin C. Gallagher on July 16, 2018

Jonathan S. Kolodner

DOJ Guidance on Corporate Compliance Programs: A Checklist for Directors

DOJ Updates Guidance for Evaluating Corporate Compliance Programs

DOJ Updates FCPA Corporate Enforcement Policy

U.S. Supreme Court Requires Foreign State-Owned Corporation to Comply With Contempt Order in Mueller Investigation

D.C. Circuit Rules in Special Counsel Mueller Investigation That State-Owned Corporations Are Subject to Criminal Jurisdiction in the United States

New DOJ Guidance on the Imposition and Selection of Corporate Monitors

Second Circuit Issues Rare Decision Interpreting the FCPA

DOJ Remarks Provide Guidance on Addressing FCPA Risk in M&A Transactions

DOJ Announces New Inter-Agency Task Force on Market Integrity and Consumer Fraud

DOJ Announces New Inter-Agency Task Force on Market Integrity and Consumer Fraud

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