White Collar Roundup - June 2017

Hard Charging: Sessions Issues New Policy

U.S. Attorney General Jeff Sessions issued a Memorandum for All Federal Prosecutors to outline the charging and sentencing policy of the U.S. Department of Justice (DOJ). The policy notes the DOJ's responsibility to fulfill its "role in a way that accords with the law, advances public safety and promotes respect for our legal system." The memorandum then sets forth "simple but important" directives. First, it directs prosecutors to "charge and pursue the most serious, readily provable offense," which "affirms our responsibility to enforce the law, is moral and just, and produces consistency." The memorandum directs prosecutors to "fully utilize the tools Congress has given us" and notes "the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences." It also recognizes there "will be circumstances in which good judgment would lead a prosecutor to conclude a