It’s the Law: Department of Justice Revises Guidelines for Criminal Prosecution of Corporations

Posted 01 November 2008 | By

On 28 August 2008, the US Department of Justice released revised guidelines, the "Principles of Federal Prosecution of Business Organizations," for prosecutors to consider when assessing whether to prosecute a corporation. These revisions had been planned for some time and, on 10 July 2008, the Department of Justice provided Congress with a preview of the new guidelines. Coincidentally, the new guidelines were announced on the very day that an appellate court ruled the government's application of a prior version of the guidelines, which put pressure on a company not to pay for certain employees' attorneys' fees, was unconstitutional. This article reviews the prior versions of the guidelines, the criticisms of those guidelines and the newly revised guidelines.

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