Corporate monitors explained
- Current DOJ guidance
- Criminal Division Memorandum on Selection of Monitors in Criminal Division Matters, 12 May 2025 1
- Justice Manual sections
- 9-28.1700 to 9-28.1740 on monitors in corporate resolutions 2
- Earlier memos replaced
- Criminal Division memos of 24 June 2009, 11 October 2018 and 1 March 2023 1
- Fee rule
- A resolution with a monitor "will require a cap on hourly rates charged by the monitor" 1
- Who approves
- Standing Committee vote, Assistant Attorney General review, and approval by the Office of the Deputy Attorney General 1
- Self-disclosure link
- No monitor for a qualifying near-miss company under the DOJ Corporate Enforcement Policy 3
What a monitor does
A monitor is an outside reviewer the company retains, who reports to the government 4,5. In the Siemens case DOJ said the company agreed to "retain an independent compliance monitor for a four-year period" to oversee its compliance program and report to Siemens and DOJ 4. SEC orders can impose a monitor too. The SEC order against Mobile TeleSystems set a term of at least 36 months and let SEC staff end it early if circumstances change 5.
The Justice Manual has sections titled "Use of Independent Compliance Monitors in Corporate Resolution" (9-28.1700), "Approval of Determinations Concerning Monitors" (9-28.1710), "Selection of Monitor" (9-28.1720) and "Continued Review and Scoping of Monitorships" (9-28.1740) 2.
When DOJ asks for one
The 12 May 2025 memo, signed by Criminal Division head Matthew R. Galeotti, lists four factors for deciding whether a monitor is needed 1:
- Risk of recurrence of criminal conduct that significantly impacts U.S. interests. The memo says "a company's risk profile" at resolution "is a key factor" 1.
- Availability and efficacy of other independent government oversight, for example where a primary regulator "can exercise sufficient oversight" 1.
- Efficacy of the compliance program and culture of compliance at the time of resolution 1.
- Maturity of the company's controls and its ability to test and update its own compliance program 1.
How a monitor is chosen and paid
Under the 2025 memo, company counsel proposes a pool of three to five qualified candidates 1. Criminal Division attorneys interview them and recommend one to a Standing Committee 1. The committee votes, the Assistant Attorney General reviews, and the Office of the Deputy Attorney General must approve 1.
The memo requires a cap on the monitor's hourly rates and says the monitor "may not be paid more than the approved amount without prior written approval" 1. The same process applies to choosing a replacement monitor 1.
How self-disclosure affects a monitor
Justice Manual 9-28.900 says "The Department will not require the imposition of an independent compliance monitor for a cooperating company" that meets the self-disclosure policy and shows an implemented and tested compliance program 2. It adds that these decisions are case by case 2.
The Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy says that for a company in its near-miss category, the Department will "Not require an independent compliance monitor" 3.
Examples from case records
These cases show that a monitorship can end on schedule, be extended or lead to early dismissal of a deferred charge 6,7 8. For the full facts of each case, see the case record pages linked below.
| Case | Monitor term | What happened |
|---|---|---|
| Siemens, 2008 4 | Four years 4 | Agreed in a guilty plea to DOJ charges 4 |
| VimpelCom, 2016 9 | Three years 9 | VEON said in a company statement of 31 October 2019 that its monitorship had ended 7 |
| Mobile TeleSystems, 2019 5,6 | Three years from 18 September 2019 6 | DOJ extended the DPA term by one year to 18 September 2023, saying some compliance components were "not yet effective" 6 |
| Stericycle, 2022 8 | Two years from 11 November 2022 8 | Monitor certified the program on or about 20 May 2024. DOJ moved to dismiss early on 21 April 2025 8 |
Common questions
Who pays for a corporate monitor?
The company retains the monitor. DOJ guidance requires a cap on the monitor's hourly rates and prior written approval for payments above the approved amount 1.
How long does a monitorship last?
It depends on the agreement. Siemens agreed to four years 4, MTS to three years later extended 6, and Stericycle to two years 8.
Is a monitor a punishment?
DOJ's 2025 memo says "a monitor should never be imposed for punitive purposes" 1.
Can a company avoid a monitor?
DOJ policy says it will not require a monitor for a cooperating company that meets the self-disclosure policy and has a tested compliance program 2,3.
Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email [email protected] with the official link.
Sources
- U.S. Department of Justice, Criminal Division: Memorandum on Selection of Monitors in Criminal Division Matters, Matthew R. Galeotti (12 May 2025)
- U.S. Department of Justice: Justice Manual 9-28.000, Principles of Federal Prosecution of Business Organizations (page modified 22 January 2026)
- U.S. Department of Justice, Office of the Deputy Attorney General: Corporate Enforcement and Voluntary Self-Disclosure Policy (undated document, read 22 October 2026)
- U.S. Department of Justice: Siemens AG and Three Subsidiaries Plead Guilty to Foreign Corrupt Practices Act Violations and Agree to Pay $450 Million in Combined Criminal Fines (15 December 2008)
- U.S. Securities and Exchange Commission: Order, In the Matter of Mobile TeleSystems PJSC, Exchange Act Release No. 85261 (6 March 2019)
- U.S. District Court, Southern District of New York: joint letter and DOJ extension letter, United States v. Mobile TeleSystems PJSC, 1:19-cr-00167-JPO (3 March 2022)
- VEON Ltd. (company statement), Form 6-K: 2016 Deferred Prosecution Agreement concludes as monitor certifies VEON's compliance programme (31 October 2019)
- U.S. District Court, Southern District of Florida: Government's unopposed motion to dismiss information, United States v. Stericycle, Inc., 22-CR-20156 (21 April 2025), court filing copy hosted by Willkie Farr and Gallagher
- U.S. Department of Justice, Office of Public Affairs: VimpelCom Limited and Unitel LLC Enter into Global Foreign Bribery Resolution of More Than $795 Million (18 February 2016)
Related
- Deferred and non-prosecution agreements explained
How U.S. deferred prosecution agreements and non-prosecution agreements work for companies, the Justice Manual factors, and what the company admits.
- Stericycle FCPA resolution (2022)
Stericycle resolved Latin America bribery charges with DOJ and the SEC in April 2022. Amounts, DPA terms, admissions, monitor and the 2025 dismissal.
- Mobile TeleSystems (MTS) FCPA resolution (2019)
MTS and its Uzbek subsidiary KOLORIT resolved US bribery charges for US$850 million in March 2019. DPA, guilty plea, SEC order, monitor and extension.
- Siemens AG FCPA guilty pleas and SEC settlement (2008)
In December 2008 Siemens AG and three subsidiaries pleaded guilty to FCPA offences and settled with the SEC. Charges, amounts, admissions and the monitor.
- Voluntary self-disclosure explained
How DOJ and the SEC credit companies that report their own misconduct: the Corporate Enforcement Policy, Justice Manual 9-28.900, the SEC Seaboard report.