The Pitfalls Of Shifting DOJ Policies

Law360, New York (July 21, 2011, 3:04 PM EDT) -- Over the past 12 years, the U.S. Department of Justice has issued a series of memoranda to federal prosecutors to serve as guidelines when deciding to file criminal charges against corporations.

The DOJ’s evolving and shifting policies, as illustrated in these memoranda, highlight the pressure placed on federal prosecutors to obtain waivers of fundamental rights and privileges, including the attorney-client privilege and work product protections, the Fifth Amendment right against self-incrimination held individually by corporate agents, and the Sixth Amendment right to counsel.

This is particularly...
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