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New DOJ Compliance Guidance: Incentives and Penalties, Cooperation Credits

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, July 28, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will advise corporate attorneys on the current U.S. Department of Justice (DOJ) guidance on enforcement policies. The panel will discuss the use of incentives and punishments DOJ is using to encourage companies to be more proactive to ensure compliance, as well as how to properly resource compliance programs. The panel will address how DOJ will consider a company's civil, criminal, and regulatory history and what constitutes cooperation credit under the current administration.


In late 2021 the DOJ announced policies and rolled out a series of initiatives signaling a solid commitment to corporate criminal enforcement. Primarily, this involved reverting to many of the previously enforced policies under the Yates memo. However, the DOJ's Monaco memo outlines an even more comprehensive regulatory framework.

Under the DOJ's current policies, companies must provide all non-privileged information about individuals involved in or responsible for the misconduct to be eligible for cooperation credit. This shift from prior policies gave companies more leeway regarding disclosures, limiting it to individuals who were determined to be "substantially involved" in misconduct.

Corporate counsel must be aware that the DOJ will consider the complete criminal, civil, and regulatory record under investigation when looking at a company's potential recidivism to determine the appropriate resolution. Prosecutors will assess actions beyond DOJ, including cases in other jurisdictions--domestic and foreign--and cases involving state enforcement authorities.

Additionally, counsel should know that corporate monitorships will not be disfavored. The DOJ may require independent monitors to satisfy requirements that a company meets its compliance and disclosure obligations under deferred prosecution agreements and non-prosecution agreements.

Listen as our authoritative panel advises on the current DOJ compliance policies under the Biden administration and how corporate crime will be investigated and potentially punished.



  1. 2022 DOJ compliance with corporate criminal enforcement
    1. Yates memo
    2. Monaco memo
      1. Cooperation credit
      2. Criminal, civil, and regulatory history
      3. Monitorships
  2. Best practices


The panel will address these and other relevant topics:

  • What risks to companies exist when providing non-privileged information during an investigation?
  • How will reviewing a company's criminal, civil, and regulatory record affect potential enforcement and punishment?
  • What types of independent monitors may be utilized in place of corporate monitorships?


Bell, Christopher
Christopher L. Bell

Greenberg Traurig

Mr. Bell represents clients in civil and criminal enforcement, litigation, compliance counseling and regulatory...  |  Read More

DiBianco, Gary
Gary DiBianco

Skadden Arps Slate Meagher & Flom

Mr. DiBianco is a trusted adviser to senior management and boards of directors faced with complex government or...  |  Read More

Gerber Ward, Stacy
Stacy C. Gerber Ward

Shareholder; Leader of the Government Enforcement and Internal Investigations Section
von Briesen & Roper

Ms. Ward represents clients facing government enforcement matters, conducts internal investigations to respond to...  |  Read More

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