White Collar Roundup - November 2017

The DAG's Speeches on Corporate Prosecutions

Rod Rosenstein, the deputy attorney general (DAG) of the U.S. Department of Justice (DOJ) gave two speeches that hinted at the department's emerging vision regarding prosecution of corporate crime.

• In the October 6 keynote address on corporate enforcement policy at New York University's Program on Corporate Compliance and Enforcement, Rosenstein began by noting that the DOJ's past practice of "[m]anagement-by-memo is an inefficient and often ineffective method of enforcing government policies. Our policies should be readily accessible to the public we expect to follow them." Improving this access, Rosenstein said, is "one of the administrative goals" he hopes to achieve during his tenure at the DOJ. He then criticized the DOJ's habit of providing guidance on corporate liability through speeches and memos, lamenting that "it has become a hallmark of expertise in the white-collar arena to know the name of every former