Artikel: White Collar-Reset - The DOJ's Yates Memo and Its Potential to Protect Health, Safety, and the Environment

In September, 2015, Deputy Attorney General Sally Yates issued a memo developed by a career staff task force updating the Department of Justice’s (DOJ) approach to the prosecution and settlement of white collarcriminal cases. Among other clarifications, exhortations, and instructions, the “Yates Memo” said that DOJ would now emphasize the investigation and prosecution of cases against individual corporate managers and that, in order to get credit for cooperating with prosecutors, corporations must share all available evidence of wrongdoing by individual employees with the government.

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Deputy Attorney General Announces Comprehensive Review of DOJ Corporate Enforcement Policies

DOJ is reviewing and reevaluating numerous corporate enforcement policies, including the “Yates Memo,” the FCPA Pilot Program, and policies on corporate monitors.

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Artikel: Coughing Up Executives or Rolling the Dice? Individual Accountability for Corporate Corruption

“Flesh-and-blood” corporate criminals have long been a major focus of U.S. enforcement authorities in the battle against foreign bribery. Many of the actions taken against individuals were largely enabled due to the cooperation of culpable corporations with investigative authorities. For years, this cooperation was encouraged by the award of “cooperation credit,” which is a mitigated approach toward cooperating corporations. The Yates Memorandum promulgated recently by the Department of Justice, however, has changed the rules of the game.

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DoJ Pilot Program blijft nog van kracht tijdens evaluatie

In april 2016 is door de Department of Justice (DoJ) een éénjarig zogenaamd ‘pilot program’ gelanceerd dat zelfmelden in FCPA-zaken door bedrijven diende te bevorderen. Nu het zou gaan om een éénjarig programma, zou deze aanvankelijk eindigen per 5 april 2017. Door DoJ is echter bevestigd dat het programma zal doorlopen terwijl het wordt geëvalueerd.

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Artikel: Beyond Yates | From Engagement to Accountability in Corporate Crime

This Essay assesses the Yates memo to situate it within the current social context of corporate criminal prosecutions. What I find is that the Yates memo represents a missed opportunity. Its guidelines amount to political talking points that are unlikely to produce meaningful change.

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