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ARTICLE · 21 SEPTEMBER 2015

"Individual Accountability For Corporate Wrongdoing": A Sea Change Or Not?

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Might this policy result in significantly more prosecutions of individuals? Doubtful. Senior executives and other individuals have always been in DOJ's crosshairs.

United StatesCriminal Law
James McGinnis
James McGinnis
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On Thursday, September 10, 2015, Deputy Attorney General Sally Quillian Yates delivered remarks  announcing a memorandum delivered to all federal prosecutors, including the Antitrust Division: "Individual Accountability for Corporate Wrongdoing". She said the purpose of this memorandum was "to ensure that individual accountability lies at the heart of corporate enforcement strategy." She outlined "six specific steps" to accomplish that goal. She emphasized the first step:

"In order for a company to receive any credit for cooperation under the Principles of Federal Prosecution of Business Organizations, the company must completely disclose to the Department all relevant facts about individual misconduct...[and] Department Attorneys should vigorously review any information provided by companies and compare it to their own investigation in order to best ensure that the information is indeed complete and does not seek to minimize the behavior or role of any individual

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