During a speech at the ABA's White Collar Crime National Institute Summit, Deputy AG Lisa Monaco described three policy changes at the DOJ. The most significant initiative, in my view, is the directive that in resolving criminal cases, all of a company's past misconduct will be considered, even if that misconduct is unrelated to the matter being resolved. For example, a company's past environmental offenses could be considered in deciding how to resolve a procurement fraud case. Moreover, the review will extend to the company's complete records of civil, criminal and regulatory infractions, not just its criminal history.
The key takeaway is that being able to demonstrate that your organization has a robust, multi-faceted compliance program will be more important than ever. Do your gap analysis now!