THREAD Just heard from Deputy Attorney General (& former colleague) Lisa Monaco at the @ABAesq Institute on White Collar Crime. Here is what she announced today about corporate criminal enforcement. 1/ 
She discussed 1) Trends in Crime, 2) Three announcements she is rolling out today in corporate enforcement & 3) Reviews DOJ will undertake to consider additional initiatives.
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Trends:
1) Corporate crime continues to have greater NatSec implications (consistent w/ her perspective as a prior NSD head)
2) Data analytics role continues to take on an enhanced role in corporate criminal enforcement
3) Criminals are exploiting new tech & industries
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1) Corporate crime continues to have greater NatSec implications (consistent w/ her perspective as a prior NSD head)
2) Data analytics role continues to take on an enhanced role in corporate criminal enforcement
3) Criminals are exploiting new tech & industries
3/
Today’s 3 DOJ announcements corporate crime enforcement:
1) DAG restores prior guidance that companies seeking cooperation credit disclose non-privileged info on ALL those involved in misconduct, not just those w/ “substantial” involvement. DOJ, not company, should screen
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1) DAG restores prior guidance that companies seeking cooperation credit disclose non-privileged info on ALL those involved in misconduct, not just those w/ “substantial” involvement. DOJ, not company, should screen
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2) In charging decisions, DOJ will consider ALL prior corporate misconduct, not just similar misconduct—across DOJ components, in states & foreign jurisdictions. This will take the form of an amendment to principles of prosecution for business organizations.
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3) DAG will revise guidance suggesting use of independent corporate monitors should be limited to special cases, rescinding guidance that such arrangements are the exception. Prosecutors are free to consider use of that tool.
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DOJ Reviews:
1) DOJ will study the corporate monitor selection process to evaluate for standardization and potential biases
2) DOJ will evaluate whether pretrial diversion —NPAs or DPAs — be permissible for companies with a documented history of recidivism.
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1) DOJ will study the corporate monitor selection process to evaluate for standardization and potential biases
2) DOJ will evaluate whether pretrial diversion —NPAs or DPAs — be permissible for companies with a documented history of recidivism.
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3) DOJ will study NPA / DPA compliance & breach enforcement, convening a “Corporate Crime Advisory Group” from DOJ components that will consult and array of stakeholders, including the white collar bar.
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In sum:
1. Companies should review their compliance programs
2. DOJ will consider ALL civil, regulatory & criminal misconduct
3. ALL non-priv info on individuals’ involvement in misconduct to be disclosed
4. Monitorships will proliferate
5. This is start not end of actions
9/X
1. Companies should review their compliance programs
2. DOJ will consider ALL civil, regulatory & criminal misconduct
3. ALL non-priv info on individuals’ involvement in misconduct to be disclosed
4. Monitorships will proliferate
5. This is start not end of actions
9/X
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