Kelley Drye's White Collar, Investigations and Compliance Group
has issued a client advisory describing the proposed revisions to the DOJ's "Principles of Federal Prosecution of Business Organizations." It sets forth significant changes in DOJ policy, as well as information about pending legislation which could affect the way criminal investigations, as well as civil and regulatory proceedings, are conducted by government agencies.
What This Means to You
These developments can have significant influence on the decisions a company or organization makes in the course of conducting an internal investigation. The Filip Letter, along with the McNulty and Thompson Memos, comprise an arc reflecting DOJ attitudes to corporate investigations and prosecutions over the last five years. However, none can be read or analyzed in a vacuum.