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 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.
Moderated by J.P. Hanlon, Partner and Co-chair of the White Collar Defense and Investigations Practice, Faegre Baker Daniels, the panel includes:
- Josh Minkler, U.S. Attorney for the Southern District of Indiana
- Joe Vaughn, First Assistant U.S. Attorney for the Southern District of Indiana
- Mark Sifferlen, Vice President, Ethics & Compliance and Corporate Secretary, Cummins Inc.
- Kathleen Matsoukas, Partner, Barnes & Thornburg
- Stephen Kubiatowski, Partner, Faegre Baker Daniels
- Beth Savage, Director Forensic Services, PwC
Questions? Contact Kelley Mann at +1 317 237 1161 or kelley.mann@FaegreBD.com.
This program is offered in conjunction with the Criminal Justice Section of the American Bar Association, and PwC.