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On April 12, 2021, President Joe Biden nominated Kenneth Polite Jr. as Assistant Attorney General for the Criminal Division at the Department of Justice (“DOJ”). If confirmed by the Senate, Polite will hold the Criminal Division’s top seat and be responsible for supervising federal prosecutors nationwide who investigate and prosecute cases ranging from securities fraud to Foreign Corrupt Practices Act violations to cybercrime.
A look at Polite’s background may offer clues about how he will approach his new job. Criminal Division chiefs are important because they help set DOJ directives and policies that govern how companies are treated during criminal and civil investigations. DOJ’s approach to corporate crime, and how it encourages and values cooperation, plus how it treats privilege, have swung wildly over the last two decades.
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