News & Analysis as of

Willful Misconduct Government Investigations

Snell & Wilmer

Yates Memorandum: Rosenstein Announces Easier Path for Companies to Receive Cooperation Credit

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In a speech delivered on November 29, 2018, Deputy Attorney General Rod Rosenstein announced changes to the Justice Manual regarding cooperation credit for companies facing criminal and civil investigations.1 These changes...more

Foley & Lardner LLP

DOJ Announces Changes to the Yates Memo Policy on Individual Accountability

Foley & Lardner LLP on

On Thursday, November 29th, the U.S. Department of Justice (DOJ) announced changes to its policy known as the “Yates Memo.” That policy, established in 2015 by then-Deputy Attorney General Sally Yates, had required companies...more

Hogan Lovells

DOJ aims for good, not perfect: Our view of the updated corporate cooperation policy

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Government attorneys now have additional discretion in False Claims Act (FCA) civil cases to award cooperation credit to a corporation that meaningfully assists the government’s investigation without necessarily identifying...more

Kramer Levin Naftalis & Frankel LLP

DOJ Announces More Lenient Corporate Cooperation Policy

In a speech delivered on Thursday, Nov. 29, 2018, Deputy Attorney General Rod Rosenstein described important changes to DOJ policies for awarding cooperation credit in corporate investigations. These changes have been...more

Polsinelli

DOJ Reaffirms Commitment to Prosecuting Individuals, Toughens Expectation for Corporate Response

Polsinelli on

The U.S. Department of Justice (DOJ) recently issued a memorandum ("The Yates memo") on September 9, 2015 by Deputy Attorney General Sally Yates, reaffirming the Government's commitment to prosecuting individuals. Say...more

Latham & Watkins LLP

DOJ Guidance Prioritizes Individuals in Criminal and Civil Corporate Enforcement Actions

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A serious shift of focus to individual accountability may impact traditional corporate defense and settlement tactics. On September 9, 2015, the Department of Justice (DOJ) issued a set of guidelines that formally revise...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Department of Justice Issues Guidance to Criminal and Civil Prosecutors to Facilitate Individual Prosecutions in Corporate...

On September 9, 2015, the Department of Justice (the Department) publicly announced that it had issued guidance to its criminal and civil prosecutors that purports to change, at least in part, the Department’s approach to...more

Katten Muchin Rosenman LLP

Bridging the Week - September 2015

Alleged Flash Crasher's Formal Indictment Provides More Details Regarding His Purported Spoofing - The US Department of Justice filed a formal indictment against Navinder Singh Sarao in a US federal court in Chicago on...more

Wilson Sonsini Goodrich & Rosati

New Department of Justice Enforcement Policy Focuses on Corporations Providing Evidence Against Individuals

On September 9, 2015, the U.S. Department of Justice (DOJ) issued a memorandum to federal prosecutors instructing them to increase their focus on the prosecution of individuals involved in corporate fraud and financial...more

McGuireWoods LLP

Unpacking the Yates Memo: What the "New" DOJ Policy Really Means

McGuireWoods LLP on

The DOJ made a significant splash on Wednesday when a memorandum from Deputy Attorney General Sally Quillian Yates to all DOJ attorneys, including the U.S. Attorneys across the country, announced a policy to increasingly...more

Cooley LLP

Blog: BEWARE: DOJ Announces New Policy to Increase Prosecutions of Individuals Involved in Corporate Fraud

Cooley LLP on

Earlier this week, Deputy Attorney General (AG) Sally Quillian Yates issued a memorandum to Department of Justice (DOJ) attorneys discussing the need to hold individuals accountable for corporate wrongdoing in both civil and...more

Beveridge & Diamond PC

Executives Beware: DOJ’s New Policy Memo Signals Focus on Prosecuting Individuals

Beveridge & Diamond PC on

In light of the near-unbridled discretion of the U.S. Department of Justice (“DOJ”) to bring federal criminal charges, businesses and their leaders are wise to pay close attention to the prosecutor’s “playbook.” Sometimes...more

Faegre Drinker Biddle & Reath LLP

DOJ Unveils New Policy Directing Federal Prosecutors to Hold Individuals Accountable for Corporate Misconduct

On September 9, 2015, the Deputy Attorney General issued an internal memo directing federal prosecutors to focus on individuals when investigating allegations of corporate misconduct and to hold individuals accountable in...more

WilmerHale

DOJ Outlines New Policy Regarding White Collar Cases Against Individuals

WilmerHale on

The Department of Justice has released a new policy intended to further the Department’s effort to hold individuals accountable for corporate wrongdoing. The policy was laid out in a September 9, 2015 memorandum authored by...more

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