Cole Memo (8/29/2013)
• DOJ’s guidance relies upon expectation that state governments “implement strong and effective regulatory and enforcement systems,” with “robust controls and procedures on paper,” and “effective in practice.” “If state enforcement efforts are not sufficiently robust to protect against [8 enforcement priorities] the federal government may seek to challenge the regulatory structure.” ** Guidance only, individual prosecutors have discretion to deviate from federal enforcement priorities.
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