After Attorney General Merrick Garland issued a memorandum instructing DOJ prosecutors to shift their focus in charging decisions, Levy Firestone Muse partner Monique T. Abrishami authored an opinion for Law360 discussing the memo’s impact on white collar prosecution:
Rebalancing the scales, the Dec. 16 memorandum encourages prosecutors to allow their sense of justice to have a greater effect on charging decisions. While the memorandum’s specific instructions will likely have a significant effect on drug and violent crime prosecution — in particular, through the notable edict to charge fewer offenses with mandatory minimums — its practical impact on white collar prosecution will likely stem more from the shift in tone it represents. Its focus on overall fairness over one-size-fits-all severity is a striking change from the prior approach, giving attorney general-level support and legitimacy to prioritizing just outcomes over conviction stats.
Read the full opinion, “For White Collar Practitioners, Tone Of Garland Memo Is Key,” on Law360 (account required), or download a PDF here.
