The Yates Memo sets out six key steps to strengthen the pursuit of corporate wrongdoing:
- In order to qualify for any credit for cooperation, corporations must provide to the DOJ all relevant facts relating to the individuals involved in the misconduct
- Criminal and civil corporate investigations should focus on individuals from the start of the investigation
- Criminal and civil attorneys handling corporate investigations should be in regular contact with one another
- Absent extraordinary circumstances or approved departmental policy, the DOJ will not release culpable individuals from civil or criminal liability when resolving a matter with a corporation
- DOJ attorneys should not resolve matters with a corporation without a clear plan to resolve related individual cases, and should document the reasons for not prosecuting individuals in such cases
- Civil attorneys should consistently focus on individuals as well as the company and evaluate whether to bring suit against an individual based on considerations beyond that individual’s ability to pay
In a speech at NYU, Deputy Attorney General Yates outlined the reasoning behind these points. Click below to see the speech.