On October 28, 2021, Deputy Attorney General (DAG) Lisa Monaco delivered a speech and issued a memorandum announcing several important changes to the Department of Justice (DOJ)’s corporate criminal enforcement policies and practices. These changes, which will apply to current and future corporate defendants, include:

1. Restoring prior DOJ guidance admonishing that, in order to receive any cooperation credit in resolutions, companies must provide all non-privileged information regarding all individuals involved in the wrongdoing—not just individuals who were substantially involved;

2. Signaling an increased willingness to impose corporate compliance monitors on companies when resolving criminal investigations;

3. Considering a company’s entire history of misconduct—rather than only similar past misconduct —in deciding how to resolve a criminal investigation; and

4. Applying heightened scrutiny to companies’ adherence to deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs), as well as demonstrating increased willingness to declare companies in breach of those agreements when warranted.