Friday, October 26, 2007
Speaking as the keynote luncheon speaker at the ABA Second Annual Securities Fraud Institute, Former Deputy Attorney General Paul J. McNulty defended his DOJ McNulty Memo. Referencing Senator Specter's recent Wall Street Journal commentary titled, "A Question for Mr. Mukasey," McNulty was not happy having his efforts called a "swing and a miss." It's at least "a standup double" he said. And then McNulty proceeded to be on the offensive, taking on Senator Specter's proposed legislation.
McNulty may believe that companies will waive because it is in their best interest to do so, but there are still many folks out there who believe that it is important to make certain that DOJ attorneys are not making requests for attorney-client waivers and that the best way to accomplish this is via legislation. The ABA Section of Administrative Law and Regulatory Practice has a program today called, "Corporate Deferred Prosecution Agreements: Issues in Hybrid Enforcement," at the Press Club in DC. starting at 3:45 P.M. I am confident (I am one of the speakers) that there will be responses provided to McNulty's comments. The question will be whether the response(s) will send him back to dugout. Stay tuned.