DOJ Provides Guidance on Corporate Compliance Programs and Monitorships
Assistant Attorney General Brian Benczkowski has provided new guidance regarding how DOJ’s Criminal Division will evaluate compliance programs and the selection of corporate monitors under deferred prosecution and non-prosecution agreements.
Cormac Connor at Smith Pachter McWhorter PLC explains that the Benczkowski Memo modifies two DOJ memoranda issued during previous administrations: the Morford Memo and the Breuer Memo, which set policies and procedures that have been in place for a decade.
“A corporation under DOJ investigation may now be able to avoid the expense and burden of a monitorship if it can credibly show that changes to its compliance program and/or management team would prevent prior misconduct from happening again,” Connor notes.
