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

55 Pages Posted: 10 Aug 2009  

Cindy A. Schipani

University of Michigan, Stephen M. Ross School of Business

Multiple version iconThere are 2 versions of this paper

Date Written: July 1, 2009

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.

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

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: https://ssrn.com/abstract=1444819 or http://dx.doi.org/10.2139/ssrn.1444819

Cindy A. Schipani (Contact Author)

University of Michigan, Stephen M. Ross School of Business ( email )

701 Tappan Street
Ann Arbor, MI 48109
United States
(734) 763-2257 (Phone)
(734) 763-2257 (Fax)

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