Cadwalader attorneys considered the ways in which Senator Jeff Sessions might shape the Justice Department's approach to white-collar crime. The predictions were based on the Senator's past positions in Congress and previous work as federal prosecutor and State Attorney General.
The attorneys summarized Senator Sessions' past positions and utilized them as barometers to indicate how his Justice Department might prioritize enforcement. Based on these positions, they considered how the Senator may approach the following eight priorities:
- Foreign Corrupt Practices Act and International Bribery;
- Anti-Money Laundering and Asset Forfeiture;
- Securities Enforcement and Financial Fraud;
- Cyber and National Security;
- Pharmaceutical Regulation and Compliance;
- Office of Foreign Assets Control and Export Control;
- False Claims Act and Healthcare Fraud; and
- Legalized Cannabis.
In addition, Cadwalader attorneys predicted that a Sessions-led Justice Department likely will build on the Obama Administration's efforts to prosecute individuals who commit white-collar crime. They speculated that Senator Sessions would be disinclined to resolve corporate misconduct investigations with non-prosecution or deferred prosecution agreements.
Click here to view the Cadwalader memorandum authored by Jodi Avergun, Jonathan Bailyn, Bret Campbell, J. Robert Duncan, Joseph Facciponti, Joseph Moreno, Anne Tompkins and Kenneth Wainstein.
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