Wednesday, June 2, 2010
The charging policy of the United States Attorney, when it comes to charging corporations, has been controversial in some past years (see here & here). But the U.S. Attorney's Office is not the only office with policy regarding the charging of entities. In an effort to "offer transparency and uniformity to the business community in understanding the factors the Office looks to in corporate investigations," Manhattan DA Cyrus R. Vance, Jr. issued new guidelines via his chief assistant Daniel R. Alonso. This new policy here, mirrors much of DOJ's policy on whether to charge a corporation. It then applies New York law to many of these principles. But the policy does provide for approvals from the DA or Chief Assistant DA in some instances such as financial institutions, political parties, and labor unions. Alonso's Corporate Charging Policy endorses the use of deferred prosecution and non-prosecution agreements. More details to follow.