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The Real-World Impact of the Yates Memo
The United States Department of Justice (DOJ) is focused on prosecuting individuals who are responsible for corporate wrongdoing, and corporations must be prepared to provide all available facts about the individuals responsible for the wrongdoing if they wish to receive any cooperation credit from the DOJ.
This is the thrust of the DOJ's Individual Accountability Policy ' better known as the “Yates Memo.” Since its release last September, potential consequences of the Yates Memo have been the subject of much speculation and debate: Many corporations wonder how the policy will impact settlement negotiations with prosecutors, while others worry about possible side effects relating to internal investigations ' particularly the potential for scope creep and increased costs.
As the Yates Memo is nearly a year old, we may now make some preliminary observations on the memo's real-world impact. To that end, this article considers the scope and aims of the Yates Memo, and certain changes it has brought about both within and outside of the DOJ. It also considers what those changes mean, in practice , for corporations seeking to obtain cooperation credit in connection with DOJ investigations.
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