The McNulty Memorandum

The Thompson Memorandum reiterated the DOJ policy regarding the prosecutions of business entities. The Thompson Memorandum was heavily criticized by the private bar and the business community because of its perceived over-reaching. Initially, the criticism of the Thompson Memorandum was

aimed at the factors considered by the DOJ in whether a business entity should be charged, and, even more specifically at Section II. 4. That Section provided, in part:  "In conducting an investigation, determining whether to bring charges, and negotiating plea agreements, prosecutors should consider the following factors in reaching a decision as the proper treatment of a corporate target: . . . 4. the corporation

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