Group Seeks to Rein In Corporate Prosecution

An unusual coalition of former prosecutors, corporate lawyers and civil liberties advocates will tell a congressional panel today to consider legislation that would relax Justice Department policies on charging businesses with crimes.

The group, including the former chief of the government's Enron Task Force and the president of the American Bar Association, contends that prosecutors did not go far enough when they made concessions last December in the face of pressure from Congress.

Sen. Arlen Specter (R-Pa.) introduced legislation this year that would bar the government from considering whether companies invoked their attorney-client privilege and whether they paid attorney fees to employees under investigation in deciding to file criminal charges against corporations.

Today, the House Judiciary Committee's subcommittee on crime and terrorism will consider whether revised guidelines issued by Deputy Attorney General Paul J. McNulty resolve concerns expressed by lawmakers and the coalition.

Andrew Weissmann, a partner at the law firm Jenner & Block who once led the Enron prosecution team, will call on Justice Department officials to give prosecutors greater oversight as they make charging decisions, according to a copy of his testimony. Another former prosecutor, William M. Sullivan Jr. of Winston & Strawn, said the goal of a prosecution should be to punish "responsible individuals and not to hold an entire organization accountable."

McNulty, who is in the spotlight over his role in the firing of several U.S. attorneys around the country, will not testify at the proceeding. Barry M. Sabin, the deputy for the criminal division of the department, will appear instead.

Sabin will urge lawmakers to give the government's new policy time to work, according to his testimony. He also will stress that policing corrupt business practices is an ongoing priority for the Justice Department. "Eliminating fraud is good for business," he said.