Good synopsis from the Wisconsin Law Journal.

While the changes detailed a few weeks back by Deputy Attorney General Mark Filip obviously insulate companies from some prosecutorial pressure, some continue to argue the changes don't go far enough.

You can read the new guidelines yourself, right here.

And for a bit of history - go memo crazy - (Holder, McNulty, KPMG, etc) you could so worse than this article from Law.com.

-- MDT

Labels: attorney client privilege, Filip Memo, mcnulty memo, prosecution guidelines, s

The measure would look to provide more stringent guidelines in how corporate monitorships (which can be highly lucrative arrangements) are selected in deferred prosecution agreements with companies under investigation. The Legal Times blog has further details. For background on some recent and controversial monitorship dust-ups, see here.

Labels: attorney client privilege, Corporate Monitorships, prosecution guidelines

Using the "funeral" of Conrad Black as the venue. Required reading...

-- MDT

Labels: corporate investigation, Mark Dann, prosecution, prosecution guidelines, Stoneridge, sub-prime mortgage

...and Delloite & Touche wants you to know about it. Check out the results of their online "prexting" poll of 230 financial executives. Also included is an, I think useful, outline of what one should be mulling over when considering hiring investigators on a company's behalf:

• Be clear at the outset how investigators will achieve the results desired, and define objectives, scope and how the information is to be reported.

• Be wary of investigators who say they can get bank account information or information only available to law enforcement.

• Understand that liability for an illegal investigation will likely extend to the organization that hired the investigator, not just the investigator himself.

• Establish written guidelines regarding the use of investigators, and establish clear reporting lines.

• Make sure you investigate your investigator, and find out whether they use subcontractors, and what kind of arrangement they have with these subcontractors.

Frankly, if an investigator doesn't provide you with some sort of case proposal that roles out or defines all of the above points for you before you even have to ask, do not hire them.

Now print this out and put it in the top drawer of your desk...

-- MDT

Labels: Deloitte, pretexting, prosecution guidelines

The Department of Justice released new guidelines yesterday regarding the powers and practices allowed for prosecutors pursing corporate investigations. A rollback of prosecutorial power had been called for from a variety of corners and the DOJs action has been expected for a while now. At the heart of the "McNulty Memo," named for Deputy Attorney General, Paul McNulty, are changes in how prosecutors may go about compelling the release of documents from companies. Prosecutors must now receive permission from McNulty himself before asking that a corporation to turn over potentially self incriminating documents.

For a close look at the changes this will bring to courtrooms and corporate boardrooms across our fair, land, you could do worse that to check out Peter Henning and Ellen Podgor's superb White Collar Crime Prof Blog. Mr. Henning is an amigo of The Daily Caveat from the Round Table days and shares your host's affinity for former Louisiana Governor (and current resident of the Oakedale Louisiana Federal Correctional Institution), Edwin Edwards. You may have heard Henning quoted on this subject in a widely run NPR story from yesterday evening. Partner in (white collar) crime, Ellen Podgor's comments on McNulty can be found here.

-- MDT

Labels: Department of Justice, Louisiana, mcnulty memo, Peter Henning, prosecution guidelines, white collar crime