Deputy Attorney General Sally Yates in remarks this week announced that the Department of Justice has launched a new website in an effort to be more transparent about the much-talked-about Yates Memo and changes made last year to the Filip factors.
The new website includes links to the Yates Memo, as well as changes made last year to the “Filip factors,” which emphasize the importance in any corporate case of holding individual wrongdoers accountable and list a variety of steps prosecutors should take to achieve that goal. In addition, the new website includes answers to a number of the most frequently asked questions.
The simplest option when a question presents itself, however, is to “pick up the phone and call,” Yates added. “You should always feel comfortable calling the Assistant U.S. Attorneys (AUSAs) or trial attorney handling your case, and they will do what they can to answer questions you have.”
Perhaps the most frequently asked question, Yates said, is “one that I can’t fully answer, which is, ‘What comes next?’ In 51 days, a new team will be running the Department, and it will be up to them to decide whether they want to continue the policies that we’ve implemented in recent years, but I’m optimistic”
“Holding individuals accountable for corporate wrongdoing isn’t ideological; it’s good law enforcement,” Yates added. “Just as the Filip factors endured a change in administration, we expect this approach to endure as well.”
A significant number of corporate investigations that began after the Justice Department issued the Yates Memo last September won’t result in public filings until well into the next administration. “In those cases, we know that the agents and prosecutors are hard at work determining which, if any, individuals should be subject to criminal or civil penalties,” Yates said.
“I expect that, in coming months and years, when companies enter into high-dollar resolutions with the Justice Department, you’ll see a higher percentage of those cases accompanied by criminal or civil actions against the responsible individuals,” she added. “It won’t be every case, but the investments we’re making now are likely to yield a real increase in the years ahead.”