WASHINGTON, April 10 (Reuters) - The U.S. Justice
Department has decided to keep corporate monitors in place for
military housing company Balfour Beatty Communities and
Canadian lender TD Bank, amid the Trump administration's
ongoing review of the practice, according to two people familiar
with the matter.
President Donald Trump's Justice Department paused
corporate monitorships in recent weeks as part of a review into
whether some should be ended early, Reuters
previously reported
.
Companies are sometimes required to hire independent
third-party corporate monitors as a condition of a settlement
with the Justice Department to resolve allegations of criminal
misconduct. The monitors are tasked with reviewing compliance
policies to ensure the violations are remedied.
Although the review is ongoing, the Justice Department
has decided that the monitors for TD Bank and Balfour Beatty
should remain in place, said the two people, who were granted
anonymity to discuss details that have not been made public.
Reuters could not determine whether corporate
monitorships would resume at other companies under settlement
agreements with the Justice Department.
Spokespeople for Balfour Beatty, TD Bank and the Justice
Department declined to comment.
Balfour Beatty Communities pleaded guilty in 2021 to
defrauding the U.S. military and agreed to pay over $65 million
in fines and restitution. The high-profile matter also garnered
scrutiny from Capitol Hill. The firm will still have to keep its
corporate monitor that was agreed as part of that deal, the two
people told Reuters.
A Reuters
investigation
in partnership with CBS News in 2019 found that the Air
Force landlord had falsified records to boost its income.
TD Bank also had to hire a monitor as part of a 2024 deal
that saw the Canadian firm become the largest bank in U.S.
history to plead guilty to violating a federal anti-money
laundering law.
The two sources and another person familiar with the
matter confirmed the Justice Department has decided to keep that
monitor, which has only recently been
appointed.
The review is among a series of
policy changes
as the Justice Department
curbs anti-corruption enforcement
and focuses its scrutiny on drug cartels and immigration.
Companies with corporate monitorships include shipbuilder
Austal USA, Scottish lender NatWest and crypto exchange Binance,
according the Justice Department's website and public filings.
Last month, a judge granted the department's request for an
early end to the monitorships for Glencore, the energy giant
that in 2022 agreed to pay more than $1 billion to settle
foreign bribery and market manipulation charges.
It's unclear how many others the Justice Department will
keep in place. One of the people indicated that prosecutors are
trying to determine how well-tailored the monitorships are.
Monitorships are widely criticized by corporate America as
costly and burdensome, but proponents say they are often
necessary to ensure that wrongdoers fix issues.
Trump's first administration moved away from using them, but
former President Joe Biden, a Democrat, reversed that policy in
an effort to tackle corporate crime and repeat offenders.
Several white collar lawyers told Reuters they expect the
Justice Department to step back its use of corporate
monitorships, especially for resolutions involving Foreign
Corrupt Practices Act charges.
The Trump administration has loosened enforcement of the
FCPA, a 1977 law that prohibits companies operating in the U.S.
from bribing foreign officials.