On 15 September 2022, Deputy Attorney General Lisa Monaco issued a memorandum to Department of Justice prosecutors entitled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”. As has become common in recent years (with a brief intermission under Deputy Attorney General Rod Rosenstein who objected to the practice), such memoranda and other Department pronouncements have come to herald key developments in DOJ policy on corporate criminal enforcement and related practice. These memoranda are therefore closely watched by the defense bar and corporate counsel alike.
Nancy Rosenfeld is of counsel in the Firm’s Washington, DC office. She advises clients on corporate compliance issues, including the application of the US Foreign Corrupt Practices Act (FCPA) and related legislation to multinational companies operating in emerging markets.