New Justice Department Guidance on Individual Accountability: Analysis of the Justice Department’s New Guidance on Individual Liability in Matters of Corporate Wrongdoing

Sullivan & Cromwell LLP - September 14, 2015

On September 9, 2015, the Department of Justice released new guidance addressing the accountability of individual employees in civil and criminal investigations of corporate wrongdoing. Most notably, in order to qualify for any cooperation credit, new Department policy requires companies to provide investigators with “all relevant facts relating to the individuals responsible for the misconduct.” The new guidance also instructs Department attorneys to focus on the potential liability of individuals at the outset of corporate investigations and not settle matters with a corporation without a clear plan to resolve related individual cases.