The Department of Justice issued “Principles of Federal Prosecution of Business Organizations” by Deputy Attorney General Paul McNulty replacing a similar title principles issued in January 2003 by then-Deputy Attorney General Larry D. Thompson. The memorandum outlines for U.S. Attorney nine factors to use when deciding whether to charge a corporation with criminal offenses.
Of particular interest is that the attorney client privilege and the attorney work product privilege are recognized. Assistant U.S. Attorneys can not request corporations to waive either privilege unless the U.S. Attorney and the Assistant Attorney General formally approve such a request with the subject corporation receiving a copy of such request. Further, corporations advancing attorney fees for criminal and civil prosecution of their officers or employees will not be considered as part of the corporate indictment process unless the advancement was intended to impede a government investigation. In such a case, the Deputy Attorney General must approve such a consideration.