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DOJ Issues Guidelines for Selection and Use of Monitors
Amid increasing scrutiny from Congress, the DOJ issued guidelines in the form of a memorandum for the selection and use of monitors in deferred-prosecution agreements and non-prosecution agreements with corporations. The guidelines set forth 'nine basic principles in the areas of selection, scope of duties, and duration' of monitorships. Craig S. Morford, Selection and Use of Monitors in Deferred Prosecution Agreements and Non-Prosecution Agreements with Corporations (Mar. 7, 2008), http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00163.htm. The DOJ memorandum states: that 'A monitor's primary responsibility is to assess and monitor a corporation's compliance with the terms of the agreement specifically designed to address and reduce the risk of recurrence of the corporation's misconduct, and not to further punitive goals.' The new guidelines were issued by Acting Deputy Attorney General Craig S. Morford to heads of department components at U.S. Attorneys' Offices. They apply only to the selection and use of monitors by the DOJ and are only for internal guidance at the department.
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