Publication
September 19, 2022

On September 15, 2022, Deputy Attorney General (DAG) Lisa Monaco issued a memorandum and delivered a speech, announcing several revisions to the Department of Justice's (DOJ)’s corporate criminal enforcement policies and practices. The new revisions reflect input from DOJ’s Corporate Crime Advisory Group, which DOJ convened in late 2021 to review and recommend improvements to DOJ’s approach to prosecuting corporate crimes, and the imprint of DOJ’s compliance-minded leadership. The new revisions, which will apply to current and future corporate defendants, include:

1. Emphasizing that a corporation’s cooperation with DOJ must be timely and not strategically delayed if the corporate seeks maximum cooperation credit;

 

2. Clarifying how prosecutors should evaluate a company’s record of prior misconduct when deciding how to resolve a criminal investigation;

 

3. Requiring the development of additional written guidance to govern the Department’s overarching approach to voluntary self-disclosure, the selection of independent compliance monitors, and policies governing mobile devices and ephemeral messaging platforms; and 

 

4. Heightened attention to DOJ’s evaluation of the effectiveness of corporate compliance programs, including detailed guidance on how prosecutors should assess employee compensation systems and the impact of compliance programs on corporate culture.

Overall, the new revisions reinforce DOJ’s commitment to the principles announced in DAG Monaco’s October 28, 2021 memorandum, while clarifying areas of potential confusion and promoting consistency across the Department on corporate crime issues. Taken together, they reflect the consistent DOJ trends of broadcasting aggressiveness against corporate crime; developing more guidance for the exercise of prosecutorial discretion; and centralizing departmental attention, if not control, over corporate prosecutions. 

To read the full alert, click here.