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The Yates Memo and the new normal for individual enforcement

Tom Fox | May 11, 2016

Justice Department Deputy Assistant Sally Yates spoke this week at the New York City Bar Association White-Collar Crime Conference about the effect the Justice Department has seen since the release of the Yates Memo. From the tenor of her remarks, it is clear the Justice Department has seen a real impact emanating from it.

From the corporate side, companies are now submitting “Yate’s Binders,” which contain e-mails, documents, and other evidence from individual corporate employees being interviewed by the government. When information is coming into the Justice Department in a manner named for the incentive to bring to the Department, you can say a policy is working.

But the larger change just might be at the Justice Department itself, as its focus has re-oriented. On the criminal side of DoJ interest, its lawyers are working much more diligently to identify the individuals involved. From the civil side of the Department, its lawyers have refocused their efforts from...

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