Federal prosecutors must maintain public confidence in the way in which we exercise our charging discretion. In addition, national law enforcement policies in various enforcement areas may require that more or less weight be given to certain of these factors than to others.
Compliance programs are established by corporate management to prevent and detect misconduct and to ensure that corporate activities are conducted in accordance with applicable criminal and civil laws, regulations, and rules.
With this in mind, the Antitrust Division has established a firm policy, understood in the business community, that credit should not be given at the charging stage for a compliance program and that amnesty is available only to the first corporation to make full disclosure to the government.
Lines should be convincing and positive to make an impression and hook the recipient to consider or act on the plan. For example, it may not matter under the law which of several possible executives or leaders in a chain of command approved of or authorized criminal conduct; however, that information if known might bear on the propriety of a particular disposition short of indictment of the corporation.
Such a determination should be based on a consideration of all the factors set forth in these Principles. Among the factors prosecutors should consider and weigh are whether the corporation appropriately disciplined wrongdoers, once those employees are identified by the corporation as culpable for the misconduct.
As the Supreme Court has stated, "[i]ts purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.
The attorney-client privilege is one of the oldest and most sacrosanct privileges under the law. Such agreements are a third option, besides a criminal indictment, on the one hand, and a declination, on the other.
First, we increase our ability to identify the full extent of corporate misconduct. Hence, there is a need to prevent grammatical errors and inappropriate writing in business communication. Prosecutors should ensure that the general purposes of the criminal law—appropriate punishment for the defendant, deterrence of further criminal conduct by the defendant, deterrence of criminal conduct by others, protection of the public from dangerous and fraudulent conduct, rehabilitation, and restitution for victims—are adequately met, taking into account the special nature of the corporate "person.
Counsel for corporations who believe that prosecutors are violating such guidance are encouraged to raise their concerns with supervisors, including the appropriate United States Attorney or Assistant Attorney General. What do you want me to do? They would include, for instance, legal advice provided by corporate counsel in an internal investigation report.
As a result, an entity that voluntarily discloses should receive the same amount of cooperation credit for disclosing facts that happen to be contained in materials not protected by attorney-client privilege or attorney work product as it would receive for disclosing identical facts that are contained in materials protected by attorney-client privilege or attorney work product.
Finally, certain crimes that carry with them a substantial risk of great public harm—e.
One of the most effective ways to combat corporate misconduct is by holding accountable all individuals who engage in wrongdoing. In such situations, the defendant must tender a legitimate factual basis to support the assertion of the advice-of-counsel defense.
By investigating allegations of wrongdoing and bringing charges where appropriate for criminal misconduct, the Department promotes critical public interests. For example, if you simply send a letter to employees about attending a conference on a Sunday and reiterating that it is a requirement, a portion of your workforce might resume to work with worries in their heads because they have religious obligations to meet on Sundays.
If a company seeking cooperation credit declines to learn of such facts or to provide the Department with complete factual information about the individuals involved, its cooperation will not be considered a mitigating factor under this section. Prosecutors may enter into plea agreements with corporations for the same reasons and under the same constraints as apply to plea agreements with natural persons.
Indicting corporations for wrongdoing enables the government to be a force for positive change of corporate culture, and a force to prevent, discover, and punish serious crimes.
Thus, corporations that fully recognize the seriousness of their misconduct and accept responsibility for it should be taking steps to implement the personnel, operational, and organizational changes necessary to establish an awareness among employees that criminal conduct will not be tolerated.
If a corporation wishes to receive credit for such cooperation, which then can be considered with all other cooperative efforts and circumstances in evaluating how fairly to proceed, then the corporation, like any person, must disclose the relevant facts of which it has knowledge.
The Department has no formulaic requirements regarding corporate compliance programs. Here are other tips for better business writing: In exercising that discretion, prosecutors should consider the following statements of principles that summarize the considerations they should weigh and the practices they should follow in discharging their prosecutorial responsibilities.
Two final and related points bear noting about the disclosure of facts, although they should be obvious.Cut the fat Don’t “use three words when one would do,” says Blackburn. Read your writing through critical eyes, and make sure that.
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Course Transcript - [Voiceover] Welcome to Writing Business Reports. I'm Judy, and I'll be guiding you through a variety of business report types and parts.Download