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Carrots and Sticks: Analyzing the DoJ’s New Enforcement Policies, ACI Insights

Wednesday, September 28, 2022

Partner Dan Tehrani spoke with ACI Insights regarding US Deputy Attorney General (DAG) Lisa Monaco’s announcement of several important updates to the US Department of Justice’s (DOJ’s) criminal enforcement policies.

DAG Monaco reemphasized individual accountability as being the DOJ’s number one priority, specifically prosecuting those who commit and profit from corporate crimes.

“In individual prosecutions, speed is of the essence,” DAG Monaco said.

The Monaco Memo reinstates what was already previously established by the 2015 Yates Memo, that “[t]o receive full cooperation credit, corporations must produce on a timely basis all relevant, non-privileged facts and evidence about individual misconduct such that prosecutors have the opportunity to effectively investigate and seek criminal charges against culpable individuals.”

Dan shared that “timely” may mean turning information over even in the middle of an internal investigation.

“It’s not acceptable in the Department’s view for a company to complete its investigation before turning over information about culpable individuals,” he said, referring to the DOJ.

“I think it’s going to cause companies to have very difficult conversations and make very difficult decisions very early on in their internal investigations.”

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