Host Jonathan Porter welcomes Husch Blackwell partner Cormac Connor to the show for the first part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).
Host Jonathan Porter welcomes Husch Blackwell partner Cormac Connor to the show for the first part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).
The conversation begins with a brief overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. Jonathan and Cormac cover the distinction between political appointees and career DOJ employees and why most FCA investigations and prosecutions survive transitions in political power.
Rather than case-specific changes, far more common during transitions is a recalibration of DOJ’s policies and priorities. Jonathan and Cormac provide a summary of how DOJ has shifted its stance on certain issues pertaining to FCA enforcement over several recent administrations, including notably the 2015 Yates memo, which placed a great deal of emphasis on individual accountability in the context of cooperating with the government during an investigation. The first Trump administration modified the Yates memo’s approach, extending some degree of cooperation credit to companies even in the absence of “naming names” or otherwise pushing individual corporate leaders into the investigative spotlight. The conversation also covers the 2017 Brand memo, which sought to end DOJ’s use of sub-regulatory guidance in affirmative civil enforcement actions, like FCA enforcement efforts. The Brand memo was rescinded by DOJ under Attorney General Merrick Garland, but the likelihood is high that the incoming Trump administration will reinstate it in some form in 2025.
A future Part II of this discussion will cover how FCA enforcement shifted during the Biden administration and what changes are likely during a second Trump administration.
Jonathan Porter Biography
Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.
Cormac Connor Biography
A partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials, investigating hundreds of criminal cases, managing Grand Jury investigations, and coordinating investigative activities by law enforcement personnel.
Cormac is the 2024 recipient of Husch Blackwell’s Pro Bono Impact Award. He leads the firm’s pro bono partnership with the Dr. Lorna Breen Heroes’ Foundation, which advances critical mental health advocacy for healthcare workers.