DOJ Announces Guidelines to Reduce the Imposition of Monitorships in Corporate Criminal Cases
The Justice Department’s Criminal Division has announced updated policies and procedures related to the selection of corporate monitors in federal criminal cases, according to an advisory written by Paul N. Monnin, a partner in Alston &. Bird.
He writes:
The memorandum makes clear that “the Criminal Division should favor the imposition of a monitor only where there is a demonstrated need for, and clear benefit to be derived from, a monitorship relative to the costs and burdens.” In short, a monitor is now disfavored “[w]here a corporation’s compliance program and controls are demonstrated to be effective and appropriately resourced at the time of resolution.”
The article also includes a link to a PDF of the DOJ advisory.
