The McNulty Memo Changes Represent A Minor Victory For Corporate Rights

In what can best be described as a pre-emptive strike, the Department of Justice ("DOJ") recently issued a new set of guidelines covering the investigation and prosecution of corporate crimes. This was done at least in part to blunt criticism that the DOJ had overreached its investigative powers and to stave off Congressional action that would have resulted in the "reigning in" of federal prosecutorial powers.

Ostensibly, the changes outlined by Deputy Attorney General Mark Filip address the most important objections raised by business and civil rights advocates. These advocates, along with many members of the bar, have protested the DOJ's practice of demanding waiver of the attorney-client privilege as a condition for awarding companies credit for cooperation when considering whether to charge companies with a crime. Yet the reality is that the "house always wins" when it comes to the government's criminal investigations of alleged corporate wrongdoing, While the