The Department of Justice released new guidelines yesterday regarding the powers and practices allowed for prosecutors pursing corporate investigations. A rollback of prosecutorial power had been called for from a variety of corners and the DOJs action has been expected for a while now. At the heart of the "McNulty Memo," named for Deputy Attorney General, Paul McNulty, are changes in how prosecutors may go about compelling the release of documents from companies. Prosecutors must now receive permission from McNulty himself before asking that a corporation to turn over potentially self incriminating documents.

For a close look at the changes this will bring to courtrooms and corporate boardrooms across our fair, land, you could do worse that to check out Peter Henning and Ellen Podgor's superb White Collar Crime Prof Blog. Mr. Henning is an amigo of The Daily Caveat from the Round Table days and shares your host's affinity for former Louisiana Governor (and current resident of the Oakedale Louisiana Federal Correctional Institution), Edwin Edwards. You may have heard Henning quoted on this subject in a widely run NPR story from yesterday evening. Partner in (white collar) crime, Ellen Podgor's comments on McNulty can be found here.

-- MDT

Labels: Department of Justice, Louisiana, mcnulty memo, Peter Henning, prosecution guidelines, white collar crime