Assistant Attorney General Brian Benczkowski has provided new guidance regarding how DOJ’s Criminal Division will evaluate compliance programs and the selection of corporate monitors under deferred prosecution and non-prosecution agreements.
Cormac Connor at Smith Pachter McWhorter PLC explains that the Benczkowski Memo modifies two DOJ memoranda issued during previous administrations: the Morford Memo and the Breuer Memo, which set policies and procedures that have been in place for a decade.
“A corporation under DOJ investigation may now be able to avoid the expense and burden of a monitorship if it can credibly show that changes to its compliance program and/or management team would prevent prior misconduct from happening again,” Connor notes.
