Introduction Of The Transparency In Corporate Monitors Act Of 2009

Floor Speech

* Mr. COHEN. Madam Speaker, today I am pleased to introduce legislation today that will provide guidance and prevent abuse in the appointment of corporate monitors to implement deferred and nonprosecution agreements.

* Last Congress, the Judiciary Subcommittee on Commercial and Administrative Law led the charge against the politicization of United States Attorneys' Offices in the last Administration. Additionally, both last year and this year, the Subcommittee held hearings on deferred and nonprosecution agreements in criminal cases against corporate defendants, and the selection of corporate monitors to implement those agreements. Those hearings, as well as recent press articles, revealed the need for guidelines to govern the appointment of corporate monitors in these cases.

* The Government's use of deferred and nonprosecution agreements as a prosecutorial tool with respect to corporate defendants has grown exponentially in recent years. Unfortunately, the selection and use of corporate monitors to implement those agreements has been tainted by a disturbing lack of guidance, and even more troubling indications of abuse.

* In one case, a former U.S. Attorney--Christopher Christie--selected former Attorney General John Ashcroft to serve as a corporate monitor, for which Mr. Ashcroft collected fees of up to $52 million. The circumstances surrounding his appointment and service as a monitor were not made public at the time of his selection and other than the hearings the Commercial and Administrative Law Subcommittee held on the issue--no provision was ever made for oversight or accountability concerning Mr. Ashcroft's selection or performance as a monitor.

* To prevent such reckless abuse from taking place in the future, I have introduced legislation that will prohibit United States attorneys and assistant United States attorneys from acting as or working for corporate monitors for specified periods after their service with the Government terminates. This legislation will provide accountability, transparency, and uniformity in the appointment of corporate monitors to implement deferred and nonprosecution agreements.

* Public trust and confidence are essential elements of an effective justice system--our laws and their enforcement must not only be fair, but they must also be perceived as fair. The perception of unfairness and favoritism undermines governmental authority in the justice process. My legislation will help restore fairness and rebuild trust in our public process.

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