On Oct. 28, Deputy Attorney General Lisa Monaco issued a memorandum on “initial revisions” to the Department of Justice’s corporate criminal enforcement policies. The memorandum is the first in what likely will be a series of changes in approach by the Biden administration to white-collar criminal enforcement, including investigations under the Foreign Corrupt Practices Act (FCPA). Further changes are being evaluated by a new “Corporate Crime Advisory Group” announced in the memorandum.

The memorandum announces changes, with immediate effect for pending and future cases, in three areas:

  • Consideration of a company’s entire history of past misconduct when making decisions on charging and dispositions of investigations.
  • Requirements for corporations under investigation again to provide “all relevant facts relating to the individuals responsible for the misconduct” in order to gain full credit for cooperation.
  • Guidance on the DOJ’s use of corporate monitors.

Consideration of All Past Misconduct