Thin Gruel: Prosecutorial Discretion As Reassurance On New DOJ Policy

Executive Summary

Knowing what's coming is important, even if what's coming is cold comfort. Our White Collar, Government & Internal Investigations Team reads between the lines of recent statements from key Department of Justice officials elaborating on recent corporate enforcement policy changes.

• DOJ officials suggest prosecutorial discretion will temper a tougher approach to corporate criminal enforcement
• The UK's Serious Fraud Office signals a more nuanced approach
• Ensuring the existence of robust and effective compliance programs is critical

In recent days, Assistant Attorney General Kenneth Polite and other key officials in the Department of Justice's (DOJ) Criminal Division amplified Deputy Attorney General Lisa Monaco's October 28, 2021 announcement of a more muscular DOJ approach to corporate criminal enforcement. While the speakers sought to reassure the business community about the potentially significant impact of that new approach, their