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Pay no attention to that man behind the curtain …
Story 1: I was treated to lunch recently by a 4th-year associate at a large corporate law firm. She was on a fund-raising committee and wanted to pick my brain for ideas about free or cheap prizes for an associate raffle. I suggested use of primo parking spots, bar dues paid for a year and a lunch with firm management. She nodded while jotting down the first two, but the last one made her look up at me with the “Are you mad?!?” face. When I asked for clarification, she told me that while the associates respected and admired the firm's most senior partners, the idea of trying to engage them in conversation over lunch was frankly terrifying.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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