Deputy AG Announces Changes to DOJ Corporate Criminal Enforcement Policies, Stressing Individual Accountability

In October 2021, Deputy Attorney General Lisa O. Monaco issued a memorandum to the U.S. Department of Justice (DOJ) revising the agency’s criminal enforcement policies and practices with respect to corporations, other legal entities and organizations (collectively, companies or corporations). Her memo focused on the need to consider a defendant’s entire criminal history in resolving matters; the need for entities to identify culpable individuals and provide non-privileged information to the DOJ to secure cooperation credit; and updates to the standards for corporate monitors. In September 2022, Monaco issued further revisions to the DOJ’s corporate criminal enforcement regime, with a focus on individual accountability; corporate accountability, including recidivism, voluntary disclosure and compliance programs; imposition of monitors; and transparency. This article outlines the latest revisions to that regime and Monaco’s speech announcing those policy changes. See “Can Compliance Certifications Empower CCOs” (Oct. 18, 2022).

To read the full article

Continue reading your article with a PELR subscription.