As detailed in our alert, on October 28, 2021, US Deputy Attorney General Lisa O. Monaco gave a speech at the American Bar Association’s National Institute on White Collar Crime, in which she announced the Department of Justice (DOJ) enforcement priorities and evaluation of corporate liability.

This includes "three new actions” to counter corporate misconduct:

  • Restoring the “Yates Memo”, requiring disclosure of all non-privileged information about all individuals involved in the relevant misconduct, regardless of their position;
  • DOJ’s Principles of Federal Prosecution of Business Organizations will require prosecutors to “consider the full criminal, civil and regulatory record of any company” when deciding resolution, including whether the company has been “prosecuted by another country or state”; and
  • rescinding any guidance suggesting that corporate monitorships are disfavored or are an exceptional remedy.

There will also be an ongoing review of corporate recidivism and corporate compliance with DPAs and NPAs.  Finally, the Corporate Crime Advisory Group will be created to evaluate not only the topics addressed in AG Monaco's speech, but also other issues, such as benchmarks to use to measure successful company cooperation and which resources can assist more rigorous enforcement.

For more detail see our full alert here