On October 11, 2018, Assistant Attorney General Brian A. Benczkowski, Chief of the Criminal Division of the Department of Justice (“DOJ”) announced new guidance in the selection of corporate compliance monitors. Benczkowski outlined the new guidance in a speech, which was followed by an official memorandum (the “Benczkowski Memorandum,” available here). This new guidance, which supersedes the 2009 Breuer Memorandum on imposing corporate monitors, will govern how and when DOJ’s Criminal Division imposes monitors in corporate deferred-prosecution agreements and other settlements (Benczkowski speech available here). These new guidelines, Benczkowski noted, are meant to ensure that the monitor-selection process “is fair, ensures the selection of the best candidate, and avoids even the perception of any conflict of interest.”