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" ... Second, the quality of a company’s compliance program continues to be a major factor in deciding on the appropriate resolution of a government investigation, and the 2020 Guidance makes clear a program’s effectiveness will be considered at the close of an investigation as well as when the underlying company conduct occurred. Consequently, under DOJ policy, the strength of a company’s past and present compliance efforts will ordinarily have an effect on the terms of a resolution, including the often quite important matter of whether a monitor is required (and the scope of a monitorship). ... "
" ... Under recent prior administrations, these facts may well have led to the imposition of an independent monitor. On March 7, 2008, the Bush administration issued the “Morford Memorandum” which established the guidelines used for ten years on how federal prosecutors should select and implement corporate monitors in connection to DPAs and NPAs. This memo stated that the goal of a monitorship should be “to address and reduce the risk of recurrence of the corporation’s misconduct” but “should only be used where appropriate given the facts and circumstances of a particular matter.” ... "