Yates Memorandum Issued

Government Enforcement Update

Firm Alert

Author(s)

A memorandum issued by Deputy Attorney General Sally Quillian Yates on September 9, 2015, stated a number of policy directives and clarifications for the DOJ with regard to increasing focus on prosecuting individual employees alongside corporations for corporate wrongdoing. Civil FCA investigations are included within the scope of this policy statement. It remains to be seen whether there will be an actual increase in civil FCA actions against individuals and how companies under investigation may change the scope of their cooperation with the government in light of this new memorandum.