I 111th CONGRESS 1st Session H. R. 4283 IN THE HOUSE OF REPRESENTATIVES December 11, 2009 Mr. Cohen (for himself, Mr. Andrews, Mr. Payne, Mr. Conyers, Mr. Holt, Mr. Watt, Mr. Adler of New Jersey, Ms. Linda T. Sánchez of California, Mr. Pallone, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To 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.

1.

Short title

This Act may be cited as the Transparency and Integrity in Corporate Monitoring Act of 2009.

2.

Prohibition on post-employment service as corporate monitor

(a)

Prohibition

Any person who is a United States attorney or an assistant United States attorney, who participates in the investigation or prosecution of an organization for a criminal offense with respect to which a deferred prosecution agreement or a nonprosecution agreement is made, and who— (1)in the case of a United States attorney, before the end of the 2-year period beginning on the date on which his or her service as such United States attorney terminates, or (2)in the case of an assistant United States attorney, before the end of the 1-year period beginning on the date on which his or her service as such assistant United States attorney terminates, acts as or is employed by a corporate monitor with respect to that deferred prosecution agreement or that nonprosecution agreement, shall be subject to the penalties under subsection (b).(b)

Penalties

(1)

Civil penalty

The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct described in subsection (a) and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or was offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (2)

Injunctive relief

If the Attorney General has reason to believe that a person is engaging in conduct described in subsection (a), the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct is described in subsection (a). The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person. (c)

Definitions

In this section: (1)

Deferred prosecution agreement

The term “deferred prosecution agreement” means an agreement between a Federal prosecutor and an organization to conditionally defer prosecution of that organization in a criminal case in which charges are filed. (2)

Nonprosecution agreement

The term “nonprosecution agreement” means an agreement between a Federal prosecutor and an organization to conditionally decide not to file criminal charges against the organization. (3)

Organization

The term “organization” means a person or entity other than an individual. (4)

Corporate monitor

The term “corporate monitor” means a person or entity outside the Department of Justice that is selected to oversee the implementation of a deferred prosecution agreement or nonprosecution agreement.