Analysis
4 November 2021

U.S. announces tougher approach of the Department of Justice in the fight against economic crime

Navacelle team highlights the review of the U.S. Department of Justice's (“DoJ”) policies in the fight against economic crime.

 

On 28 October 2021, during a speech at the 36th National Institute on White Collar Crime organized by the American Bar Association, Deputy Attorney General Lisa Monaco announced a significant review of the U.S. Department of Justice’s (“DoJ”) policies in the fight against economic crime. Aside from emphasizing the importance of compliance programs[1], four key points are to be taken away from the series of measures announced.

 

I. A global approach towards the background of a company under investigation

Prosecutors must now take a “holistic approach” when assessing the appropriate response to an investigation involving a company. They must therefore consider any previous reprehensible misconduct attributable to it, without limiting its examination to past misconduct similar to the alleged offence.

To this end, prosecutors are invited to consider all misconducts committed by the company and discovered during any previous enforcement action, whether national or foreign, criminal, civil or regulatory conducted against it or, where applicable, against its parent company, divisions, affiliates, subsidiaries and any other group entities.[2]

 

II. A return to the “Yates Memo” standard regarding the liability of natural persons

These new measures also mark the return to the “Yates memo” standard, which required, in order to benefit from a cooperation credit, that companies provide the DoJ with all relevant elements (except privileged information) relating to the individuals involved in the alleged company’s misconduct.

The company must therefore identify all persons involved or responsible for the alleged misconduct, regardless of their position, status or seniority, whether internal or external to the company.[3]

 

III. Use of monitorship as much as necessary

The use of an independent monitor will be put in place as much as it may be necessary to ensure that the company complies to the commitments made. Thus, prosecutors will have to give priority to the appointment of an independent monitor when a company’s compliance program and controls have not been tested, have been proven ineffective, or when they are inadequately resourced or not fully implemented at the time of the agreement.[4]

 

IV. The creation of the Corporate Crime Advisory Group to strengthen criminal law enforcement towards economic crime

This working group will be responsible for the review of the DOJ’s approach to the prosecution of unlawful conduct by companies and their managers, executives and employees in order to make any recommendations and propose any appropriate policy revisions.

It will examine various topics such as cooperation credits, recidivism and factors for determining whether a case should be resolved via a deferred prosecution agreement (DPA), a non-prosecution agreement (NPA) or a plea agreement.

In addition, this working group will also consider how the DOJ can invest in new technologies such as artificial intelligence to help investigators when dealing with large amounts of data, but also how to best utilize the department’s various resources to strengthen criminal law enforcement towards economic crime.[5]

 

The speech of Deputy Attorney General Lisa Monaco can be found here and her memorandum here, for more details.

Related content

Press review
11 July 2025
Press review – Week of 7 July 2025
This week's press review covers the ongoing trial of a fictitious employment case at Le Canard enchaîné, the sanctioning of...
Publication
8 July 2025
Observatory of Judicial Agreements of Public Interest
Over the past 12 months, 16 CJIPs have been concluded, reflecting a rise in fines, particularly in environmental and tax-related...
Publication
8 July 2025
Evolution of white collar crime: Between regulatory strengthening and judicial trend-setting
The fight for integrity is intensifying in France, with more high-profile trials, strengthened anti-money laundering regulations, and evolving case law,...
Publication
8 July 2025
A year of criminal justice: focus on 6 major criminal trials
A look at six criminal trials that have shaped the French judicial landscape over the past twelve months, due to...
Press review
4 July 2025
Press review – Week of 30 June 2025
This week's press review covers the dismissal of the public prosecutor's case in the scandal involving distressed companies, the referral...
Press review
4 July 2025
Press review – Week of 30 June 2025
This week's press review covers the dismissal of the public prosecutor's case in the scandal involving distressed companies, the referral...
Press review
27 June 2025
Press review – Week of 23 June 2025
This week's press review covers the dismissal of the public prosecutor's case in the scandal involving distressed companies, the referral...
Event
24 June 2025
Moving from a compliance program to a true culture and ethics of anti-corruption in decision-making
On 25 and 26 June 2025, the International Bar Association's annual anti-corruption conference will be held in Paris, providing an...
Press review
20 June 2025
Press review – Week of 16 June 2025
This week's press review covers the recommendations of the Cercle des Juristes, which has put forward seven proposals aimed at...
Analysis
15 June 2025
The DOJ releases its new guidelines for investigations and enforcement of the FCPA
On 9 June 2025, the U.S. Deputy Attorney General issued a memorandum establishing new guidelines for investigations and enforcement of...
Press review
13 June 2025
Press review – Week of 9 June 2025
This week's press review covers the indictment of Pascaline Bongo in a corruption and money laundering case, the designation of...
Analysis
11 June 2025
The evolution of US law enforcement policy regarding corruption and organized crime
By executive order dated 10 February 2025, the Trump administration temporarily suspended FCPA enforcement actions as part of a strategic...