In a recent speech at New York University and a follow-up memo dated September 15, Deputy Attorney General Lisa Monaco elaborated on her previous announcement of various changes to DOJ’s policy on prosecution of corporate crime. This new guidance provides some important additional detail and clarity on DOJ’s approach.
First, the new memo reinforces individual accountability as a priority in corporate investigations, emphasizing that a company must promptly notify prosecutors when it discovers evidence indicating individual criminal culpability. Although not a new priority for DOJ, the DAG reiterated that all relevant, non-privileged facts must be timely disclosed for a company to receive cooperation credit. She also indicated that going forward, DOJ intends to seek resolutions with individual targets before or at the same time as a related resolution with a corporate target, not after.
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