AG Sends Strong Message to Federal Prosecutors: The Charged Conduct Must Fit the Alleged Crime

Litigation attorney Cary Aronovitz published an article in the Daily Business Review analyzing U.S. Attorney General Merrick Garland's recent memo on charging decisions for federal prosecutors. Called the General Policies Memorandum or Garland Memo, it emphasizes an individualized assessment to determine whether the charges fit the alleged crime, which notably contrasts previous practice to pursue the highest sustainable charge. Mr. Aronovitz explains that the Garland Memo falls in line with the policy of former Attorney General Erik Holder, whose 2010 Holder Memo instructed Assistant United States Attorneys (AUSAs) and other prosecutors to make charging decisions and sentence recommendations based on the merits of each case. In this article, the author breaks down the specifics of the Garland Memo and offers some key takeaways and practice pointers for lawyers.

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