DOJ Announces Policy Changes and Additional Resources Focused on White-Collar Enforcement
The Deputy Attorney General published a Memorandum on October 28, 2021, titled “Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies.” The Memorandum announced three policy changes: (i) DOJ prosecutors must consider a company’s entire domestic and foreign criminal, civil, and regulatory history when making resolution decisions; (ii) a company must provide all information concerning all individuals involved in corporate misconduct to qualify for cooperation credit; and (iii) DOJ prosecutors should consider the use of monitorships in corporate criminal resolutions, whenever appropriate. It also announced the formation of an Advisory Group to analyze the DOJ’s approach to corporate criminal enforcement topics.
While time will tell how much of an impact these developments will have on enforcement practices and activity, they make clear that combatting corporate misconduct is a top DOJ priority. As such, companies should consider the implications of Deputy Attorney General’s Memorandum in the context of other regulatory developments in the United States and elsewhere, and should also review their compliance policies and procedures to ensure they are adequate to prevent, detect, investigate, and remediate areas of noncompliance and misconduct.
Source:
