What notice or process will be given to an individual if the Division is contemplating revoking his or her conditional protections provided in a corporate conditional leniency letter?
Absent exigent circumstances, such as risk of flight, before the Division makes a final determination to revoke an individual’s conditional leniency, immunity, or non-prosecution provided under a corporate conditional leniency letter, it will notify in writing the individual’s counsel and the corporate applicant’s counsel of staff’s recommendation to revoke the protections provided in the letter and provide counsel with an opportunity to meet with the staff and Office of Criminal Enforcement regarding the revocation.(36) During the time that a revocation recommendation is under consideration, the Division will suspend the individual’s obligation to cooperate so that the individual is not put in the position of continuing to provide evidence that could be used against him or her should his or her conditional protections be revoked. If the Division revokes conditional leniency, immunity, or non-prosecution granted to a director, officer, or employee of a corporate applicant, the Division
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