We previously reported that, as a result of the 2018 Opinion,
Deputy Attorney General Rod Rosenstein issued a memorandum on
January 15, 2019 stating that Department of Justice
("DOJ") attorneys should refrain for ninety (90) days
from pursuing any actions against persons and businesses that
relied on the 2011 interpretation in order to allow them "time
to bring their operations into compliance with federal
law."
On February 28, 2019, Rosenstein issued another memorandum
stating the original April 15, 2019 deadline would be extended an
additional sixty (60) days to June 14, 2019. According to the
memorandum, "this extension of time is an internal exercise of
prosecutorial discretion and does not create a safe harbor for
violations of the Wire Act."
