At a hearing before the Senate Judiciary Committee last September, Deputy Attorney General Paul McNulty informed the committee that the Department of Justice was considering revising the “Thompson Memorandum,” which directs federal prosecutors to weigh whether a company will agree to not pay employees attorneys fee and waive the attorney client privilege when deciding whether charges will be filed against the corporation. Since the mere indictment of a company can be the effective equivalent of the corporate “death penalty” in the marketplace, companies have been coerced by federal prosecutors into surrendering important constitutional rights. A consequence of the Justice Department’s arrogance in corporate investigations has been adoption of these unfair tactics by federal regulatory agencies, such as the Securities and Exchange Commission and the Commodities Futures Trading Commission. The ACPPA would apply to all government lawyers, not just employees of the Department of Justice.