Revised U.S. Department of Justice Guidelines for Prosecution of Business Organizations

Recently, Mark Filip, Deputy Attorney General, announced that the U.S. Department of Justice (DOJ) had adopted certain important changes to the DOJ’s guidelines setting forth the factors that federal prosecutors must consider when determining whether to bring criminal charges against a business organization. The guidelines, titled “Principles of Federal Prosecution of Business Organizations,” set forth nine factors that prosecutors must consider: (1) the nature and seriousness of the offense; (2) the pervasiveness of wrongdoing within the corporation; (3) the corporation’s history of similar misconduct; (4) the corporation’s timely and voluntary disclosure of wrongdoing and its willingness to cooperate in the investigation; (5) the existence and effectiveness of the corporation’s pre-existing compliance program; (6) the corporation’s remedial actions; (7) collateral consequences of a conviction; (8) the adequacy of the prosecution of individuals responsible for the corporation’s malfeasance; and (9) the adequacy of alternative remedies such as civil or regulatory enforcement actions.