Diversity in Monitorship Selection
The Department of Justice ("DOJ") in certain circumstances requires the appointment of a corporate monitor in connection with corporate criminal resolutions. Historically, women and lawyers of color have been underrepresented in monitorship selections. In response to public criticism (e.g., Dylan Tokar, Women and Minorities Lose Out in FCPA Monitor Selection Process, Global Investigations Review (Feb. 1, 2018)), the DOJ has taken steps to increase the opportunity for the selection of diverse monitors. Nevertheless, a look at the data establishes that monitor selection still underrepresents women and people of color.
This Jones Day White Paper outlines: (i) a summary of the monitor selection process in the criminal context; (ii) the history of diversity in monitor selection; (iii) potential causes of racial and gender disparities; and (iv) suggestions for considering monitor candidates.
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