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ARTICLE · 13 JANUARY 2016

Viewpoint: DOJ Edict Muddies Roles

Fox Rothschild LLP
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When the employee of a company is summoned to appear before an "independent" counsel working for the company, roles are far less clear.

United StatesCriminal Law
Dennis E. Boyle
Dennis E. Boyle
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When the employee of a company is summoned to appear before an "independent" counsel working for the company, roles are far less clear.

In September, Deputy Attorney General Sally Yates issued a now-famous "Yates Memo" in response to criticism that the Department of Justice was too easy in its treatment of corporate employees in criminal prosecutions. In the memo, the DOJ requires a corporation to assist in the prosecution of its employees, in essence, requiring "scalps" before it grants a corporation favorable treatment in plea negotiations. A key component of the memorandum focuses on corporate "internal investigations," basically co-opting these investigations as vehicles for the prosecution of individuals. The goal is more people in prison.

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