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 DOJ, revising the agency’s criminal enforcement policies and practices with respect to corporations, other legal entities and organizations. 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, focusing on individual accountability; corporate accountability, including recidivism, voluntary disclosure and compliance programs; imposition of monitors; and transparency. This article discusses the latest revisions to that regime and Monaco’s speech announcing those policy changes. See “Can Compliance Certifications Empower CCOs” (Jul. 14, 2022).

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