Section 45.2 - Disqualification arising from personal or political relationship

1 Analyses of this regulation by attorneys

  1. DOJ Issues New Guidance on Necessity and Selection of Corporate Monitors

    Holland & Knight LLPJose SierraOctober 18, 2018

    The Benczkowski Memo also directs the Criminal Division to create a Standing Committee on the Selection of Monitors (the Standing Committee) responsible for approving the selection of a monitor and consisting of (a) the Deputy Assistant Attorney General (DAAG) with supervisory responsibility for the Fraud Section or his/her designee; (b) the Chief of the Fraud Section or his/her designee; (c) the Deputy Designated Agency Ethics Official for the Criminal Division; and (d) ad hoc members as determined by the DAAG, who shall chair the Standing Committee. All members of the Standing Committee reviewing the selection process of a monitor must adhere to the conflicts of interest guidelines set forth in 18 U.S.C.§208, 5 C.F.R. Part 2635 (financial interest) and 28 C.F.R. Part 45.2 (personal or political relationship). "At the outset of the monitor selection process, counsel for the Company should be advised by the Criminal Division attorneys handling the matter to recommend a pool of three qualified monitor candidates."