Justice Department Targets Corporate Crime, Individuals and Compliance Programs
Deputy Attorney General Lisa Monaco has announced new policies to aggressively prosecute corporate crime, including an evaluation of corporate compliance programs.
The Deputy AG called on companies to spend significant resources on corporate compliance programs because the “absence of such programs [will] inevitably [prove] a costly omission for companies who end up the focus of department investigations.” Ms. Monaco also announced that the DoJ will again stress prosecuting individuals in corporate criminal cases and that corporations must identify all individuals responsible for misconduct, not just those “substantially involved”. The DoJ will also consider a company’s entire history of misconduct whether or not specifically related to the current allegations. The DoJ also plans to make greater use of independent monitors.
The new sheriff in town plans to return to the policies followed before the previous administration. (Perhaps, a new administration will change the policies again.) Regardless, implementing an effective compliance program has buttressed companies and senior officers against both civil and criminal liability since at least the 1990s.
Read speech here.