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ARTICLE · 15 SEPTEMBER 2021

Diversity In Monitorship Selection

Jones Day
Jones Day
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Jones Day

Jones Day

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The Department of Justice ("DOJ") in certain circumstances requires the appointment of a corporate monitor in connection with corporate criminal resolutions.

United StatesCorporate/Commercial Law
Jones Day
Jones Day
Jamila Hall
Jamila Hall
Karen Hewitt
Karen Hewitt
Yvette McGee Brown
Yvette McGee Brown
Shireen Matthews
Shireen Matthews
Joan McKown
Joan McKown
Cristina Pérez Soto
Cristina Pérez Soto
Mary Ellen Powers
Mary Ellen Powers
Rasha Gerges Shields
Rasha Gerges Shields
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The Department of Justice ("DOJ") in certain circumstances requires the appointment of a corporate monitor in connection with corporate criminal resolutions. Historically, women and lawyers of color have been underrepresented in monitorship selections. In response to public criticism (e.g., Dylan Tokar, Women and Minorities Lose Out in FCPA Monitor Selection Process, Global Investigations Review (Feb. 1, 2018)), the DOJ has taken steps to increase the opportunity for the selection of diverse monitors. Nevertheless, a look at the data establishes that monitor selection still underrepresents women and people of color.

This Jones Day White Paper outlines: (i) a summary of the monitor selection process in the criminal context; (ii) the history of diversity in monitor selection; (iii) potential causes of racial and gender disparities; and (iv) suggestions for considering monitor candidates.

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