Law360: DOJ Criminal Head Inks Monitor Memo, Axes Compliance Role

October 12, 2018

The head of the US Department of Justice's Criminal Division replaced a 2009 policy outlining the DOJ’s monitor selection process. The new policy requires prosecutors to consider different factors before “imposing a monitorship.” Additionally, instead of filling the corporate ethics counsel vacancy left by Hui Chen, the DOJ aims to hire prosecutors with compliance experience. Ben Singer, who joined O’Melveny after leading the securities unit within the fraud section at DOJ, believes corporate financial concerns caused the policy change. “The new policy likely reflects a desire by the new Criminal Division leadership to rein in the number and scope of monitorships, in part, in reaction to concerns from companies about run-away costs from DOJ-imposed monitors.”