In recent weeks, the Department of Justice has released key guidance in the form of a memorandum from Attorney General Garland regarding charging, pleas, and sentencing, in addition to an updated Corporate Enforcement Policy from DOJ’s Criminal Division. These updates have important ramifications in the white collar context and companies are encouraged to review them and understand their mandates. This blog post summarizes both updates and sets forth considerations that companies should keep in mind to ensure that they have best practices in place and are adequately prepared to navigate potential negotiations with the government. On December 16, 2022, United States Attorney General Merrick Garland issued two related memoranda (collectively, the “Garland Memo”) which provide guidance to federal prosecutors regarding department policies for charging, pleas, and sentencing. Following publication of the Garland Memo, on January 17, 2023, Assistant Attorney General for the DOJ’s Criminal Division Kenneth Allen Polite Jr. announced important revisions to the Criminal Division’s Corporate Enforcement Policy (the “CEP”), which alter how it will evaluate corporate criminal matters. [1] This blog post summarizes key aspects of the Garland Memo, explains how its directives depart from or build upon the guidance of previous administrations, and highlights some potential […]
Garland Memo May Provide White Collar Defendants Increased Opportunity for Negotiation While Updated Corporate Enforcement Policy Highlights the Importance the Department of Justice Places on Self-Disclosure, Cooperation, and Remediation
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