Why I Think the Antitrust Division Should Reconsider Its Policy on No Notice/No Target Letter Indictments* Acting Assistant Attorney General Richard Powers recently delivered (virtually) prepared remarks (here) covering several criminal enforcement topics including: Compliance; Deferred Prosecution Agreements and Engagement with Targets on Charging Decisions. [1] In his remarks about “Engagement With Targets on Charging Decisions” Mr. Powers explains that an individual about to be indicted may not receive notice via a target letter if the Division staff believes defense counsel has not been “interested in meaningful good-faith interactions.” While there have always been exceptions to sending a target letter based on the need for secrecy, it has, to my knowledge, never been the Antitrust
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The US Acting Assistant Attorney General Richard Powers delivers prepared remarks covering several criminal enforcement topics including deferred prosecution agreements and engagement with targets on charging decisions
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