The Monaco Memo with Laura Perkins

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest, Laura Perkins of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes. Key areas we explain on this podcast are: How the Monaco Memo instructs prosecutors to evaluate the prosecution of individuals responsible for corporate crime. The Monaco Memo is guiding prosecutors to charge more foreign individuals as opposed to less. Steps a company can take to show timeliness to the DOJ. The Memo underscores the DOJ’s desire for companies to self-report misconduct that they become aware of. Previously, in determining whether a monitorship was appropriate, prosecutors would look at what state your compliance program was in at the time of resolution. The importance of clear communication in understanding the DOJ’s expectations. Resources Hughes Hubbard & Reed website  Laura Perkins on LinkedIn The Hughes Hubbard & Reed website has been updated with the following Anti-Corruption & Internal Investigations advisory: Cutting Through the Noise: Take‑Aways from the DOJ’s Recent Announcements Regarding Corporate Criminal Enforcement On September 15, 2022, Deputy Attorney General Lisa Monaco announced a series of policy revisions to the U.S. Department of Justice’s approach to criminal enforcement actions against corporations. At a high-level, these new policy revisions show the Department’s desire to take an approach to criminal enforcement that targets the individuals directly responsible for corporate misconduct and encourages companies to assist in preventing misconduct by creating effective compliance programs and cultures. Companies should carefully review these policy changes and identify steps they can take to put themselves in the best position possible should they be subject to a criminal investigation in the future.  For our discussion about these developments, follow this link to our website. Practice Co-Chair Laura Perkins will cover this topic in-depth in an All Things Investigations podcast, which will be released on Monday, Sept. 26.