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Diversity in Monitorship Selection

September 13, 2021 White Paper

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. 

Read the White Paper.

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
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