Law360 (October 29, 2018, 2:42 PM EDT) -- For many companies considering the resolution of a criminal matter, the imposition of a corporate monitor can be one of the most significant and enduring aspects of the ordeal. It therefore comes as no surprise that the issuance of a new policy ("Selection of Monitors in Criminal Division Matters") and Assistant Attorney General Brian Benczkowski's accompanying speech have received widespread attention, with commentators hailing the Benczkowski memo as signaling a softening in the U.S. Department of Justice's use of corporate monitors.
As an initial matter, it is worth noting what the Benczkowski memo does not change. Although it supersedes a 2009...
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