Clifford Chance

More "Sticks" Than "Carrots" In DOJ's New Guidance

September 19, 2022

On September 15th, Deputy Attorney General ("DAG") Lisa Monaco announced additional guidance regarding the Department of Justice's ("DOJ") policies for prosecuting and resolving corporate criminal cases. This guidance, which builds on prior October 2021 DOJ guidance (the "First Monaco Memo"), reinforces the message that the DOJ is now taking a more aggressive enforcement approach focused on holding accountable individual bad actors and recidivist corporations, while rewarding strong corporate compliance culture and incentivizing voluntary disclosures.  The guidance also suggests a significant increase in related enforcement.

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