I 

111TH CONGRESS 

1ST SESSION H. R. 4283 

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. 

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. SA ́NCHEZ

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transparency and In5 tegrity in Corporate Monitoring Act of 2009’’. 


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1 SEC. 2. PROHIBITION ON POST-EMPLOYMENT SERVICE AS 

2 CORPORATE MONITOR. 

3 (a) PROHIBITION.—Any person who is a United 

4 States attorney or an assistant United States attorney, 

5 who participates in the investigation or prosecution of an 

6 organization for a criminal offense with respect to which 

7 a deferred prosecution agreement or a nonprosecution 

8 agreement is made, and who— 

9 (1) in the case of a United States attorney, be10 fore the end of the 2-year period beginning on the 

11 date on which his or her service as such United 

12 States attorney terminates, or 

13 (2) in the case of an assistant United States at14 torney, before the end of the 1-year period beginning 

15 on the date on which his or her service as such as16 sistant United States attorney terminates, 

17 acts as or is employed by a corporate monitor with respect 

18 to that deferred prosecution agreement or that non19 prosecution agreement, shall be subject to the penalties 

20 under subsection (b). 

21 (b) PENALTIES.— 

22 (1) CIVIL PENALTY.—The Attorney General 

23 may bring a civil action in the appropriate United 

24 States district court against any person who engages 

25 in conduct described in subsection (a) and, upon 

26 proof of such conduct by a preponderance of the eviVerDate Nov 24 2008 00:23 Dec 12, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4283.IH H4283

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1 dence, such person shall be subject to a civil penalty 

2 of not more than $50,000 for each violation or the 

3 amount of compensation which the person received 

4 or was offered for the prohibited conduct, whichever 

5 amount is greater. The imposition of a civil penalty 

6 under this subsection does not preclude any other 

7 criminal or civil statutory, common law, or adminis8 trative remedy, which is available by law to the 

9 United States or any other person. 

10 (2) INJUNCTIVE RELIEF.—If the Attorney Gen11 eral has reason to believe that a person is engaging 

12 in conduct described in subsection (a), the Attorney 

13 General may petition an appropriate United States 

14 district court for an order prohibiting that person 

15 from engaging in such conduct. The court may issue 

16 an order prohibiting that person from engaging in 

17 such conduct if the court finds that the conduct is 

18 described in subsection (a). The filing of a petition 

19 under this section does not preclude any other rem20 edy which is available by law to the United States 

21 or any other person. 

22 (c) DEFINITIONS.—In this section: 

23 (1) DEFERRED PROSECUTION AGREEMENT.— 

24 The term ‘‘deferred prosecution agreement’’ means 

25 an agreement between a Federal prosecutor and an 


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1 organization to conditionally defer prosecution of 

2 that organization in a criminal case in which charges 

3 are filed. 

4 (2) NONPROSECUTION AGREEMENT.—The term 

5 ‘‘nonprosecution agreement’’ means an agreement 

6 between a Federal prosecutor and an organization to 

7 conditionally decide not to file criminal charges 

8 against the organization. 

9 (3) ORGANIZATION.—The term ‘‘organization’’ 

10 means a person or entity other than an individual. 

11 (4) CORPORATE MONITOR.—The term ‘‘cor12 porate monitor’’ means a person or entity outside 

13 the Department of Justice that is selected to oversee 

14 the implementation of a deferred prosecution agree15 ment or nonprosecution agreement. 

Æ 


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