The DOJ Has Enhanced the Roles of Victims and Witnesses in Its Resolved Matters: Are Companies Ready?
DOJ prosecutors' insistence they must ensure victims and witnesses are more fully apprised and heard is already imposing additional demands on companies (and individuals) settling charges, changing the sentencing playing field considerably. Companies need to understand how these enhanced demands will affect their resolution expectations with the DOJ or risk being surprised by queries and demands not in mind when they agree to settle.
October 26, 2023 at 10:19 AM
9 minute read
AnalysisIn March 2023, the Department of Justice (DOJ) implemented updated guidelines for victim and witness assistance. The updated guidelines mark the DOJ's first revision in a decade and expand their policies in several notable ways, directing prosecutors to enact guaranteed rights for victims as early as possible in the criminal process and encouraging prosecutors to consider what services can be provided for individuals who may not qualify as victims in the statutory sense but have nevertheless been harmed by criminal conduct. While these changes have received relatively little notice, both their shifted emphasis and the obligations they impose on federal prosecutors to inquire about and pursue avenues of victim redress are meaningfully changing the scope of the DOJ's activity when resolving cases. DOJ prosecutors' insistence they must ensure victims and witnesses are more fully apprised and heard is already imposing additional demands on companies (and individuals) settling charges, changing the sentencing playing field considerably. Companies need to understand how these enhanced demands will affect their resolution expectations with the DOJ or risk being surprised by queries and demands not in mind when they agree to settle.
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