On September 15, the U.S. Deputy Attorney General, Lisa O. Monaco, delivered a speech updating the legal community on the DOJ’s latest enforcement policies for corporate criminal enforcement. These policies are based on comments and suggestions from the Corporate Crime Advisory Group. The Deputy Attorney General broke down her updates by category.
In particular, the DOJ will prosecute offenders more swiftly and harshly than in previous years if there is individual culpability and a history of misconduct within the corporation. On the other hand, the DOJ will give more leeway to corporations that have a positive corporate culture that incentivizes compliance and offers effective mechanisms for voluntary self-disclosure. The Deputy Attorney General also previewed the release of new guidance on how prosecutors would identify, select, and oversee compliance monitors.