Lexology November 15, 2021
On October 28, Deputy Attorney General Lisa Monaco announced that corporate monitors will once again play a key role in Department of Justice (DOJ) enforcement actions, stating that DOJ is “committed to imposing monitors where appropriate in corporate criminal matters.” This change reflects a significant departure from 2018 DOJ guidance, which suggested that “monitors would be the exception and not the rule.” As our colleagues previously discussed here, DOJ’s embrace of corporate monitors was one of three significant revisions to its corporate criminal enforcement policies, delineated in the October 28 memorandum and corresponding address.
The reintroduction of corporate monitors comes on the heels of unprecedented disruption to “business as usual,” in which compliance departments had to quickly adapt to monitoring...