Perhaps the most surprising change announced by Deputy Attorney General Lisa Monaco last fall was the directive to prosecutors that they consider a company’s entire history of misconduct when making charging decisions. In this third article in our series analyzing the Monaco Memo, we think through what this expansion might mean for companies negotiating with the DOJ. The first article in the series looked at the reversion to the requirement that company’s provide all information on relevant individuals in order to earn full cooperation credit and the second article discussed the clarification that monitors are not disfavored in settlement agreements. A final article on the newly formed Corporate Crime Advisory Group will complete the series. See “2021 Year in Review: A Slow Year but a Full Pipeline” (Dec. 15, 2021).