How the Revised Monaco Memo Alters Deal Making and Strategy

The latest DOJ revisions to its corporate criminal enforcement policies, with their emphases on individual accountability and voluntary disclosure, may speed up investigations but could slow down resolutions, some practitioners predicted. The DOJ’s “goal of resolving corporate and individual resolutions in parallel will significantly change the time frame for corporate resolutions, and likely mean that corporate resolutions will not be able to be reached as quickly as they have been in the past – not that they have always been quick to begin with,” said Lucinda Low, a partner at Steptoe. This second installment of a two-part series on Monaco’s speech and the Revised Monaco Memo discusses strategies for weighing if, when and how to disclose to prosecutors in this enforcement environment. The first article addressed the highlights of the new policy. See our four-part series on the (first) Monaco Memo: “A Roll Back on Individuals and Cooperation” (Jan. 19, 2022); “A Shift in the Monitorship Cost/Benefit Analysis” (Feb. 2, 2022); “Considering All Prior Misconduct” (Feb. 16, 2022); and “The Corporate Crime Advisory Group” (Mar. 2, 2022).

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