Announcing the DOJ’s Revised Corporate Enforcement Policy during a speech at Georgetown University, Assistant Attorney General Kenneth Polite, Jr. called on corporations to be “our allies in the fight against crime.” Via incentives in the revised policy, the DOJ invites not just corporate do-gooders of sorts—those who voluntarily self-report, cooperate, and remediate—but also more serious sinners (recidivists) to try and make a deal. This latest development seems an interesting shift coming just months after Deputy Attorney General Lisa Monaco warned so-called “frequent flyers” that the DOJ “will not shy away from bringing charges or requiring guilty pleas where facts and circumstances require.” In this first part of our article series, we look at the changes and the possible effect on self-reporting, as well as how these revisions fit in with Department initiatives. In the second part, we will take a closer look at aggravating factors, immediate self-disclosure and extraordinary cooperation, and discuss whether nondisclosure is still an option.
See “Revised Monaco Memo Affects Compensation, Clawbacks and Monitorships
” (Oct. 26, 2022) and “How the Revised Monaco Memo Alters Deal Making and Strategy
” (Oct. 12, 2022).