In-House Counsel and DOJ’s New Corporate Crime Enforcement Initiative

• January 05, 2023

• Michael W. Peregrine , McDermott Will & Emery LLP

The Department of Justice’s (DOJ’s) revitalized approach to corporate crime enforcement and individual accountability adds important new leadership education, policy design, and culture support tasks to the Chief Legal Officer’s (CLO’s) portfolio.

As most in-house counsel are aware, DOJ’s focus on corporate crime has its roots in the famous “Yates Memorandum” of September 9, 2015, in which then-Deputy Attorney General Sally Q. Yates re-emphasized that individual liability is one of the most effective ways to address corporate misconduct. According to the Yates Memorandum, individual accountability deters future illegal activity, incentivizes changes in corporate behavior, ensures that the proper parties are held responsible for their actions, and promotes public confidence in the judicial system.

ARTICLE TAGS

• In-House Counsel Practice Group
• Fraud and Compliance
• Governance