On April 14, 2020, for the first time, the Department of Justice (“DOJ”) published a list identifying all corporate monitors actively engaged by companies as a part of criminal resolutions with the Criminal Division’s Fraud Section. DOJ’s monitor list names the companies and their monitors, noting the year when each monitorship began and the specific Fraud Section Unit overseeing each case. The move continues DOJ’s trend toward increased transparency into corporate criminal enforcement while also signaling that corporate monitorships are now a mainstay of DOJ’s corporate enforcement policy. While the decision to publish the information is a welcome development and may help identify trends in the Criminal Fraud Section’s use of corporate monitors, DOJ should consider expanding the publication to other components within the Criminal Division and to other Divisions within the Department that prosecute corporate cases. Additional information, including historical data on the cost of monitorships and the success rates for companies to receive certifications, would also be helpful in enhancing transparency and evaluating the effectiveness of the corporate monitor program and identifying areas of improvement.

Originally published on Global Investigations Review website on April 16, 2020.