In September 2015, Deputy Attorney General Sally Quillian Yates announced a new U.S. Department of Justice policy memo setting forth “six key steps” designed to better hold individuals accountable for illegal corporate conduct. Two months later, the DOJ incorporated these steps into the U.S. Attorney’s Manual, which governs federal criminal and civil corporate investigations and charging decisions.

In the aftermath of the Yates memo, most of the public focus has been on its first “key step,” namely that “[t]o be eligible for any cooperation credit, corporations must provide to the Department all relevant facts about the individuals involved in corporate misconduct.” Commentators have focused on whether this represents a significant change to DOJ policy or is simply a new attempt to message an old policy. While this debate has been understandable, it has also tended to overshadow the Yates memo’s remaining five steps, several of which expressly address civil cases and thus have the potential to impact DOJ practices and procedures when it comes to the False Claims Act.

Originally published in Law360, New York on February 16, 2016.