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Antitrust Division ends practice of publicly naming individuals carved out of corporate plea agreement protections

15 April 2013

On 12 April 2013, William J. Baer, Assistant Attorney General (AAG) in charge of the United States Department of Justice’s Antitrust Division (the “Division”), released a statement announcing that the Division will change its practice and no longer publicly list the names of individuals excluded (or "carved out") from the protections afforded by corporate plea agreements. In the statement, the Division also announced that in the future it will limit its use of carve-outs to individuals whom the Division suspects may be guilty of a crime. Historically, the Division had also carved out individuals about whom it had not yet made a prosecution decision and those who refused to cooperate with its investigation. The changes announced Friday effectively harmonize the Division’s policy with the United States Attorneys’ Manual, which governs prosecutorial conduct for the DOJ's Criminal Division and the 93 U.S. Attorney’s Offices, and generally requires that prosecutors not publicly identify potential wrongdoers unless and until they are charged.

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