In a recent speech, Deputy Attorney General Lisa Monaco announced that the DOJ, “with a combination of carrots and sticks,” is “giving general counsels and chief compliance officers the tools they need to make a business case for responsible corporate behavior.” That same day, the DOJ released a memorandum from Monaco further revising corporate criminal enforcement policies. In the Department’s sights are individual accountability, repeat offenders and compensation packages. Also on the DOJ’s to-do list: promoting self-disclosure and fostering greater transparency and equity in choosing compliance monitors. The Department will be doing this while bolstering internal consistency within its own ranks. A more predictable DOJ may also be a more flush one. In her speech, Monaco mentioned “the $250 million we are requesting from Congress for corporate crime initiatives next year.” This is the first of the Anti-Corruption Report’s series on Monaco’s speech and the latest iteration of corporate criminal enforcement policies and what they mean for the defense bar and impacted organizations. See our four-part series on the Monaco Memo: “A Roll Back on Individuals and Cooperation
” (Jan. 19, 2022); “A Shift in the Monitorship Cost/Benefit Analysis
” (Feb. 2, 2022); “Considering All Prior Misconduct
” (Feb. 16, 2022); and “The Corporate Crime Advisory Group
” (Mar. 2, 2022).