The changes include more focus on individual accountability, more holistic evaluation of prior corporate misconduct, and stricter corporate resolutions.

On October 28, 2021, US Deputy Attorney General Lisa Monaco gave the keynote address at the American Bar Association’s 36th National Institute on White Collar Crime. In her speech, Monaco highlighted the following:

..The Department of Justice (DOJ) will review companies’ entire criminal, civil, and regulatory record — not just similar misconduct — when evaluating appropriate resolutions.

..Companies will need to identify all individuals involved in misconduct — not just individuals who are substantially involved in misconduct — to obtain cooperation credit.

..There will be “serious consequences” for companies that violate the terms of their Deferred Prosecution Agreements (DPAs) or Non-Prosecution Agreements (NPAs) with DOJ.

..There will be no default presumption against corporate monitors. The decision about whether to impose a monitor will be made according to the facts of each case.

..Companies need to actively review their compliance programs to ensure they adequately monitor for and remediate misconduct.

..DOJ plans to study, evaluate, and take additional actions to better combat corporate crime.