The DOJ’s “New” Monitor Policy: Carefully Selected Monitors, Thoughtfully Scoped Monitorships

Announcing the DOJ’s new policy on the Selection of Monitors in Criminal Division Matters, Assistant Attorney General Brian Benczkowski promised that monitors will only be assigned when “necessary” to ensure compliance and prevent misconduct. The DOJ, he said, will also work to ensure that monitorships are “appropriately tailored to address the specific issues and concerns that created the need for the monitor.” This article, the second in our series on the new policy, examines the DOJ’s plans to tailor the scope of monitorships and details the monitor-selection process, both of which should bring comfort to companies. Our first article examined how the Policy instructs prosecutors to weigh the costs and benefits of a monitor and the Policy’s emphasis not just on remediation, but also on testing new compliance controls. See “LBI and Its Monitor Discuss Getting the Most Out of a Monitorship” (Aug. 2, 2017).

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