Recent statements by senior people at DOJ are notable for the litigation industry. The relevant statements are set out in a July 16, 2015 article by Adam Spicer in the ABA Journal. The entire article should be read; here is the opening paragraph:
“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 coordinate with 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).”