Investigations, Enforcement, & Compliance Alerts

The U.S. Department of Justice’s latest Foreign Corrupt Practices Act (FCPA) resolution with Glencore plc and related entities raises new questions about independent compliance monitors, and whether they are back to stay.

In a speech on March 25, 2022, Assistant Attorney General Kenneth Polite, Jr. provided significant details regarding Department of Justice expectations for corporate compliance programs and how those programs will be assessed and considered in determining appropriate resolutions of investigations of corporate misconduct.

The recent announcement by U.S. Deputy Attorney General Lisa Monaco of major changes in corporate enforcement policy signals a strong commitment by the Department of Justice (DOJ) to more rigorous scrutiny of prior corporate misconduct, greater focus on holding individuals accountable, and renewed emphasis on the utilization of monitorships to ensure compliance.