Davis Polk explains DOJ Incorporation of Yates Memo’s Focus on Individual Prosecutions into U.S. Attorneys’ Manual

On November 16, 2015, Deputy Attorney General Sally Quillian Yates gave a speech[1] regarding the implementation of the Department of Justice’s recent policy initiatives to facilitate the prosecution of individuals in corporate cases outlined in the “Yates Memo,” issued on September 9, 2015. These policy initiatives have now been incorporated into the U.S. Attorneys’ Manual (the “Manual”), with the most significant changes made to the section covering the Principles of Federal Prosecution of Business Organization (the “Filip Factors”). As Ms. Yates explained, the revisions:

  • Emphasize “the primacy in any corporate case of holding individual wrongdoers accountable”;
  • List a variety

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