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ARTICLE · 15 NOVEMBER 2021

DOJ Announces Policy Changes And Additional Resources Focused On White-Collar Enforcement

Jones Day
Jones Day
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In the first 10 months of the Biden administration, senior DOJ officials have signaled a renewed focus on corporate criminal and civil enforcement against companies and individuals.

United StatesCriminal Law
Theodore Chung
Theodore Chung
Jamila Hall
Jamila Hall
Karen Hewitt
Karen Hewitt
Samir Kaushik
Samir Kaushik
Rebecca C. Martin
Rebecca C. Martin
Heather O'Shea
Heather O'Shea
Brian C. Rabbitt
Brian C. Rabbitt
Hank Walther
Hank Walther
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In Short

The Situation: Following recent statements by senior officials with the United States Department of Justice ("DOJ") that the DOJ plans to strengthen white-collar enforcement, the Deputy Attorney General published a Memorandum on October 28, 2021, titled "Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies."

The Result: The Memorandum announced three policy changes: (i) DOJ prosecutors must consider a company's entire domestic and foreign criminal, civil, and regulatory history when making resolution decisions; (ii) a company must provide all information concerning all individuals involved in corporate misconduct to qualify for cooperation credit; and (iii) DOJ prosecutors should consider the use of monitorships in corporate criminal resolutions, whenever appropriate. It also announced the formation of an Advisory Group to analyze the DOJ's approach to corporate criminal enforcement topics.

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