Justice Department Releases New Prosecution Policies: United States Attorneys’ Manual Revised to Incorporate Recently Announced Policies on Individual Liability and Cooperation in Corporate Prosecutions

Sullivan & Cromwell LLP - November 18, 2015
Download

On November 16, 2015, the Department of Justice revised the United States Attorneys’ Manual to incorporate previously announced guidance addressing the accountability of individual employees in civil and criminal investigations of corporate wrongdoing.

As expected, the revisions to the Manual’s chapter on the “Principles of Federal Prosecution of Business Organizations” reflect guidance published by the Department in the September 9, 2015 “Yates Memo” (see “New Justice Department Guidance on Individual Accountability: Analysis of the Justice Department’s New Guidance on Individual Liability in Matters of Corporate Wrongdoing”).  The new policies require that to receive any cooperation credit, a company “must identify all individuals involved in or responsible for the misconduct at issue, regardless of their position, status or seniority, and provide to the Department all facts relating to that misconduct.”

The new policies also clarify issues relating to the attorney-client privilege, timely self-reporting, foreign data privacy restrictions, and the prosecution of individuals.