On May 7, 2019, the Department of Justice (DOJ) released long awaited guidance on how it will evaluate and credit cooperation in False Claims Act (FCA) cases. The new guidelines, codified in DOJ’s Justice Manual, is the department’s latest attempt to drive consistency in its handling of FCA matters. Maximum credit, usually in the form
DOJ Memo to Prosecutors Calls for More Aggressive Pursuit of Corporate Executives
The U.S. Department of Justice—widely criticized for the perceived lack of cases brought against corporate executives—issued a new directive yesterday to all U.S. Attorneys designed to hold more individuals accountable for illegal corporate conduct. The memorandum, written by Deputy Attorney General Sally Quillian Yates, first acknowledges the challenges involved in pursuing individuals for corporate crimes, noting the difficulties in determining the culpability of high-level corporate executives who tend to be “insulated from the day-to-day activity in which the misconduct occurs.” Yates then goes on to outline guidance designed to help prosecutors better address these challenges.
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