08/18/08
Partner David H. Laufman authored a Legal Times article titled, "Give Justice a Break," which discusses the longstanding dispute between prosecutors, corporations, and Congress over the Department of Justice's policy on corporate enforcement policy, referred to as the "Principles of Federal Prosecution of Business Organizations." The dispute, which has been ongoing for over five years, can be traced back to the 2003 issuance of the Thompson Memo, which was aimed to increase “emphasis on and scrutiny of the authenticity of a corporation’s cooperation,” building upon a 1999 memo put forth by Deputy Attorney General Holder.
The article discusses the background and the evolution of the dispute and covers recent moves by Deputy Attorney General Filip to further revise corporate enforcement policies to stave off Congressional legislation that would restrict the Justice Department’s ability to consider a corporation’s waiver of attorney-client and attorney work-product protections, and the payment of legal fees for employees, in charging decisions and evaluations of cooperation.
According to Laufman, “For now, Justice’s critics should table their campaign against its corporate enforcement policy and give the Department an opportunity to fulfill the commitment reflected in the Filip letter. There will be plenty of time for accountability and - with the arrival of a new administration in January - the potential for even further policy refinements.”
Download: David H. Laufman's Legal Times Article: Give Justice a Break (PDF, 114.72 K)
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