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ARTICLE · 14 SEPTEMBER 2015

DOJ Issues Guidance On Individual Accountability For Corporate Misconduct

Ropes & Gray LLP
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Under this new guidance, corporations have an enhanced responsibility to provide information to DOJ about individual misconduct in order to be eligible to receive credit for cooperating with a DOJ investigation.

United StatesCriminal Law
Marc Berger
Marc Berger
Christopher P. Conniff
Christopher P. Conniff
Colleen Conry
Colleen Conry
James Dowden
James Dowden
Aaron Katz
Aaron Katz
Joshua Levy
Joshua Levy
Ryan Rohlfsen
Ryan Rohlfsen
Nick Niles
Nick Niles
G. David Rojas
G. David Rojas
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Overview 

On September 9, 2015, U.S. Deputy Attorney General Sally Quillian Yates issued a memorandum outlining to U.S. Department of Justice ("DOJ") personnel the importance of individual accountability for corporate wrongdoing (the "Yates Memorandum").1  Under this new guidance, corporations have an enhanced responsibility to provide information to DOJ about individual misconduct in order to be eligible to receive credit for cooperating with a DOJ investigation. In a speech the following day, Deputy Attorney General Yates explained that her memorandum underscores the principle that "Americans should never believe, even incorrectly, that one's criminal activity will go unpunished simply because it was committed on behalf of a corporation." 2

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