On October 28, 2021, Deputy Attorney General (DAG) Lisa Monaco outlined sweeping changes to the Department of Justice’s (DOJ) prosecution of corporate crime, signaling a tougher stance on white collar crimes than the previous administration. In a speech at the ABA’s National Institute on White Collar Crime, DAG Monaco announced key policy changes at DOJ, including (i) heightened requirements to receive full cooperation credit and focus on individual accountability; (ii) consideration of a corporation’s criminal, civil, and regulatory conduct when evaluating a case; and (iii) potential implementation of corporate monitoring programs.
DAG Monaco announced these changes as part of a larger framework to “invigorate” DOJ’s corporate enforcement program. DOJ will also focus on whether pretrial diversion programs are effective in deterring repeat offenders of corporate wrongdoing, noting that there will be “serious consequences” for companies that violate the terms of any deferred prosecution agreement (DPA) or non-prosecution agreement (NPA). At the same time, DAG Monaco noted that DOJ would devote significant resources to assist with corporate enforcement, announcing the formation of the Corporate Crime Advisory Group to assist in investigations of corporate crime. These key policy changes offer a clear preview of the DOJ’s enhanced corporate enforcement program.