On September 9, 2015, Deputy Attorney General Sally Yates issued a memo directing federal prosecutors to focus on individuals and hold them accountable when investigating and resolving allegations of corporate misconduct. Under the new policies, corporations must disclose all relevant facts relating to individual misconduct to be eligible for “cooperation credit.”
In outlining “six key steps” prosecutors will take, the Yates memo raises many complex questions that will significantly impact how corporate internal investigations are conducted, such as whether traditional “Upjohn warnings” remain sufficient, and how in-house counsel can conduct an appropriate internal investigation while also fulfilling duties as legal advisor to the company and members of management, some of whom may be within the scope of the investigation.
At this American Bar Association Criminal Justice Section roundtable discussion, top leadership of the U.S. Attorney’s Office for the Southern District of Indiana will discuss the application of the Yates Memo, and other panelists will discuss what it means from the corporate and outside counsel perspective. J.P. Hanlon, co-chair of Faegre Baker Daniels' white collar defense and investigations practice, will moderate the discussion. Firm partner Stephen Kubiatowski, a former federal prosecutor and DOJ official, will join as a panelist.