July 16, 2015 Articles

Increasing Coordination among Federal Prosecutors, Regulators, and Civil Enforcers

By Adam J. Spicer

On May 19, 2015, the head of the Department of Justice’s Criminal Division, Assistant Attorney General Leslie R. Caldwell, stated in a prepared speech that “[i]t is Department of Justice policy that criminal prosecutors and civil attorneys coordinatewith one another and with agency attorneys, to the extent permissible, to protect and advance the government’s overall interests.” Press Release, Dep’t of Justice, Assistant Attorney General Leslie R. Caldwell Delivers Remarks at the Compliance Week Conference (May 19, 2015). Ms. Caldwell has also recently expressed her view that “[t]here is a critical need for criminal prosecutions, even if conduct could be pursued civilly or through regulatory action. . . . And often it is the threat of criminal prosecution that deters potential wrongdoers.” Press Release, Dep’t of Justice, Assistant Attorney General Leslie R. Caldwell Delivers Remarks at the New York University Center on the Administration of Criminal Law’s Seventh Annual Conference on Regulatory Offenses and Criminal Law (Apr. 14, 2015).

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