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Expert Analysis

No More 'Scarlet Letter' Policy At DOJ Antitrust

Law360, New York (May 6, 2013, 2:12 PM EDT) -- The U.S. Department of Justice's Antitrust Division recently announced that it will no longer publicly identify executives who are excluded from the protection of corporate plea agreements and may be prosecuted by DOJ antitrust. This new policy reverses DOJ Antitrust's prior practice of publicly naming executives who may be prosecuted. Publicly naming the individuals strongly implied that each was guilty, or at a minimum suspected, of criminal antitrust violations. This information was readily accessible via a simple Internet search, causing reputational harm to the individuals and potentially subjecting them to being named as defendants in civil litigation....

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