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U.S. Deputy AG Mcnulty Revises Charging Guidelines for Prosecuting Corporate Fraud

Press release: “U.S. Deputy Attorney General Paul J. McNulty announced today during a speech at a meeting of the Lawyers for Civil Justice in New York that the Department of Justice is revising its corporate charging guidelines for federal prosecutors throughout the country. The new guidance revises the Thompson Memorandum, which was issued in January 2003 by then-Deputy Attorney General Larry D. Thompson and titled the “Principles of Federal Prosecution of Business Organizations.” The memo provides useful guidance to prosecutors in the field through nine factors to use when deciding whether to charge a corporation with criminal offenses. The guidance continues to require consideration of the factors from the Thompson memo but adds new restrictions for prosecutors seeking privileged information from companies. Specifically, it creates new approval requirements that federal prosecutors must comply with before they can request waivers of attorney-client privilege and work product protections from corporations in criminal investigations.”

  • Prepared Remarks of Deputy Attorney General Paul J. McNulty at the Lawyers for Civil Justice Membership Conference Regarding
    the Department’s Charging Guidelines in Corporate Fraud Prosecutions
    , New York, December 12, 2006
  • John Coffee Says McNulty Memo Went a Bridge Too Far in Tying Hands of Prosecutors in Corporate Crime Investigations, 21 Corporate Crime Reporter 1, December 26, 2006
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