Office of the Attorney General
Washington, B.C. 20530
duly 28, 2017
MEMORANDUM FOR ALL COMPONENT HEADS AND UNITED STATES ATTORNEYS
FROM: _ Jefferson B. Sessions III a &
‘The Attorney General
SUBJECT: — Compilation and Review of All Settlement Agreements Containing Provisions for
Settlement Payments to Non-governmental Third Parties
On June 5, 2017, Tissued a new policy that prohibits the inclusion of payments to non-
governmental third parties in civil and criminal settlement agreements. As we continue to
address this issue, ! direct the Associate Attomey General to review past settlement agreements
that included payments to non-governmental third parties to assist the Department in
implementing the new policy.
In furtherance of this effort, you are directed to compile a list of all civil or criminal
settlement agreements that your component or office previously entered into or has overseen that
included payments to non-governmental third parties that would be prohibited under the new
policy. Please identify which, if any, of these include third-party payments that are still
outstanding and have not been fully satisfied. You are also directed to list any settlement
agreements with cy pres or remainder provisions that would direct funds fo non-governmental
third parties that do not fall within one of the exceptions set forth in the new policy. You may
restrict your list to settlement agreements entered in the past ten years.
Please provide the name of the matter, the parties to the settlement agreement, the
name(s) of the third-party organization(s) receiving the payments, the amount of the agreed
payments to the third party organization(s), the amount of such payment that remains
outstanding, a copy of the signed settlement agreement, and any other pertinent information to
‘Associate Attorney General Rachel Brand by August 31, 2017,
‘Thank you for your attention to this important issue.