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The Department of Justice places significant emphasis on the prosecution
of corporate crimes. The Department's policy on charging business
organizations is contained in the Memorandum from Deputy Attorney General
Larry D. Thompson to Heads of Department Components and United States
Attorneys, Re: Principles of Federal Prosecution of Business
Organizations (Jan. 20, 2003) (hereinafter "Thompson
Memorandum"), reprinted in United States Attorneys' Manual, tit. 9,
Crim. Resource Manual,
§§ 161-62. The Thompson Memorandum sets forth nine
factors that federal prosecutors must consider in determining whether to
charge a corporation or other business organization. One of the nine
factors is "the corporation's timely and voluntary disclosure of wrongdoing
and its willingness to cooperate in the investigation of its agents,
including, if necessary, the waiver of corporate attorney-client and work
product protection." Thompson Memorandum § II.A.4.
To ensure that federal prosecutors exercise appropriate prosecutorial
discretion under the principles of the Thompson Memorandum, some
United States Attorneys have established review processes for waiver
requests that require federal prosecutors to obtain approval from the United
States Attorney or other supervisor before seeking a waiver of the
attorney-client or work product protection. Consistent with this best
practice, you are directed to establish a written waiver review process for
your district or component. The United States Attorneys' Manual will be
amended to reflect this policy. Such waiver review processes may vary from
district to district (or component to component), so that each United States
Attorney or component head retains the prosecutorial discretion necessary,
consistent with their circumstances, to seek timely, complete, and accurate
information from business organizations.
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