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DOJ's Revised Guidance on Corporate Enforcement Policies Expands Reach on Potential White-Collar Crime Records

National Law Journal

In this article, John Davis discussed how the Department of Justice's (DOJ) revised guidance on key corporate enforcement policies substantially expands its reach on white collar crime. The memorandum is the first in what likely will be a series of changes in approach by the Biden administration to white collar criminal enforcement, including investigations under the Foreign Corrupt Practices Act (FCPA). The DOJ memorandum announced changes with immediate effect for pending and future cases in three areas: (1) consideration of a company's entire history of past misconduct when making decisions on charging and dispositions of investigations; (2) requirements for corporations under investigation again to provide "all relevant facts relating to the individuals responsible for the misconduct" in order to gain full credit for cooperation; and (3) guidance on the DOJ's use of corporate monitors. "Having in place a risk-based, fully implemented, rigorously monitored compliance program is the best protection a company could have" to avoid a corporate monitor, Davis wrote.