DOJ's Revised Corporate Prosecutions Policy: Deputy Attorney General Lisa Monaco's September 2022 Memorandum Ups the Ante

By: Jacqueline C. Wolff | Emma C. Jogerst

Investigations and White Collar Defense Partner Jacqueline Wolff and Litigation Law Clerk Emma Jogerst co-authored an article for on the DOJ Deputy Attorney General’s (DAG) recent memorandum on corporate prosecutions policy and how it can provide guidance for advising corporate clients.  

In the article, the authors explain the details of the September 2022 memo released by DAG Lisa Monaco, which expanded on her October 2022 memo on corporate prosecution enforcement policies. In addition to breaking down the contents of the memo, Wolff and Jogerst explained how companies can use it as a guide for navigating these complex policies.  

This most recent version, among other things:  

  1. focuses on what, how, and when evidence regarding an employee’s misdeeds must be provided to DOJ in order for a company to get cooperation credit; 
  2. directs each DOJ unit or division that has not already done so to draft its own voluntary disclosure policy “such that the benefits … are clear and predictable”; and  
  3. provides guidance on how to treat corporate compliance programs, including compensation structures, as an element of compliance for purposes of determining the appropriate resolution of the case, including whether a monitor should be installed. 

Read the complete article here.  



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