In response to the Prosecutions of the Department of Justice, the BKB took a series of measures to phase out its undeclared business. However, it was not until late 2011, after Lack`s indictment in the United States, that the bank made a decision to cease the support activities of U.S.-based customers. Subsequently, however, the Bank began a process of recovery and in-depth cooperation (within the framework of Swiss law). One of the natural consequences of the department`s emphasis on individual responsibility has been to encourage companies to cooperate in identifying those who are guilty. In this regard, the Department has increased the importance of cooperation appropriations in negotiating criminal and civil law resolutions, while reducing the importance of an effective and already in place compliance program as a mitigating factor. This change in priority is reflected in the history of the DOJ`s repressive policy, which we outline below. Compliance monitoring is often a prerequisite for resolving a business investigation or prosecution with law enforcement authorities. Because controls can be tedious, costly and intrusive, it is important for businesses to understand what the government thinks when assessing the need for a monitor and how the government chooses the individual monitor. In 2018, the government issued guidelines that addressed both issues. Within the AFN, the Crown recognized the “cooperation and implementation of corrective measures” of the MAI as the main factors in its decision not to prosecute.  The MAI has agreed to cooperate with government officials and its AFN obligations will remain final until a later date of three years or “the date on which all criminal offences result from the conduct described in this agreement.”  As part of its remedial duties, MAI has agreed to provide staff with written standards for federal election laws, to provide mandatory annual training to written standards, and to work with “competent legal assistance in federal electoral law” to advise written standards and to ensure that “payments for the acquisition of stories in which individuals appear for a position are in accordance with written guidelines.  In addition, AMI must report violations of its written standards or federal voting rights to the U.S. Attorney`s Office during the duration of the agreement.
 The NPA did not impose a fine. “Today`s adjourned prosecution agreement with the BKB confirms that the deadline for the voluntary offshore disclosure program is fast approaching, but that banks and individuals are not held accountable,” said Don Fort, head of the IRS criminal investigation. “Those who believe they have successfully prevented the detection and continuation of offshore stocks should know that our commitment to offshore stocks is growing only through our international partnerships and the strategic use of sophisticated data analytics tools.”  PNAs and DPAs are two types of voluntary pre-procedure agreements between a company and the government, most often the DOJs. These are standard methods of settling investigations into corporate misconduct and are intended to avoid the serious consequences, both direct and guaranteed, of a conviction of a company, its shareholders and its employees.