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ARTICLE · 14 MARCH 2023

DOJ Announces Significant Policy Changes Affecting Corporate Criminal Enforcement

Holland & Knight
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On the heels of its recent Corporate Enforcement Policy updates, the U.S. Department of Justice (DOJ) announced several new policies around executive compensation clawbacks, ephemeral messaging, and the intersection of corporate crime and national security.

United StatesCriminal Law
Eddie A. Jauregui
Eddie A. Jauregui
Scott Mascianica
Scott Mascianica
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Highlights

  • On the heels of its recent Corporate Enforcement Policy updates, the U.S. Department of Justice (DOJ) announced several new policies around executive compensation clawbacks, ephemeral messaging, and the intersection of corporate crime and national security.
  • The eagerly expected announcements provide tangible guideposts for all companies on key hot-button issues.
  • Questions persist, however, about consistent enforceability of such policies as well as material differences between DOJ's guidance and other rules under federal securities laws for public companies and regulated entities.

In back-to-back speeches to the American Bar Association's National Institute on White Collar Crime on March 2-3, 2023, U.S. Department of Justice (DOJ) Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth Polite announced several significant policy changes affecting corporate criminal enforcement by the DOJ. The changes follow Monaco's Sept.

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