Manhattan, Main Justice appear at odds after confusing policy rollout

Edward Imperatore was quoted in a Global Investigations Review article on the Southern District of New York's new corporate‑enforcement policy and the new DOJ-wide guidance. To reconcile the differences between the two, Edward mentioned that “[SDNY] may now be prompted to issue some sort of clarification."

Edward mentioned that certain items, like the Manhattan office’s promise of a conditional declination for companies that self-disclose may disappear.

“Under the new department-wide policy, I don’t see a conditional declination surviving,” he said, though he noted that it could still issue declination letters more frequently than it had in the past.

“If SDNY wanted to issue a declination letter and do so early in an investigation, it still may have the ability to do that if it wanted to,” he said. “I don’t think the new practice necessarily would conflict with the department-wide policy, but it’s an open question.”

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