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http://ssrn.com/abstract=1444819
 
 

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The Future of the Attorney-Client Privilege in Corporate Criminal Investigations


Cindy A. Schipani


The Stephen M. Ross School of Business at the University of Michigan

July 1, 2009

Ross School of Business Paper No. 1131

Abstract:     
This manuscript discusses how the Department of Justice (DOJ) has viewed waiver of the attorney-client privilege as an important factor evidencing cooperation when determining whether to enter non-prosecution or deferred prosecution agreements with firms allegedly involved in criminal activities. It further discusses recent changes to the DOJ's guidelines, purporting to take waiver out of the equation in deciding whether to prosecute. Questions remain as to whether the corporate attorney-client privilege is a relic of the past or whether the new guidelines, issued in August, 2008, have indeed restored the privilege to firms under federal investigation.

Number of Pages in PDF File: 55

Keywords: corporations, attorney-client privilege, Department of Justice Guidelines, Organizational Sentencing Guidelines, waiver of attorney-client privilege, deferred prosecution agreements

JEL Classification: K22, K42, G38

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Date posted: August 10, 2009  

Suggested Citation

Schipani, Cindy A., The Future of the Attorney-Client Privilege in Corporate Criminal Investigations (July 1, 2009). Ross School of Business Paper No. 1131. Available at SSRN: http://ssrn.com/abstract=1444819 or http://dx.doi.org/10.2139/ssrn.1444819

Contact Information

Cindy A. Schipani (Contact Author)
The Stephen M. Ross School of Business at the University of Michigan ( email )
701 Tappan Street
Ann Arbor, MI MI 48109
United States
313-763-2257 (Phone)
313-764-2557 (Fax)
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