Justice can't ask firms to waive legal privilege

0 Comments | USA TODAY, August, 2008 | by Edward Iwata

In a sharp turnaround from the aggressive corporate-charging guidelines of the Enron era, the Justice Department on Thursday announced new policies for federal prosecutors who are investigating companies.

Among other practices, the new guidelines bar prosecutors -- in deciding whether to file charges against corporations -- from asking companies to waive their attorney-client privileges or to turn over legally protected materials.

Deputy Attorney General Mark Filip said in a statement that the new rules strike a balance between "safeguarding the attorney-client privilege" and "preserving the department's ability to investigate corporate wrongdoing effectively."

"I don't think it is going to change the number or types of cases we do. We are committed...