Revised policies seek to end the Yates Memo’s all-or-nothing approach to corporate cooperation and should enable more timely and cost-efficient resolutions.
Key Points:
..Companies are eligible for criminal cooperation credit if they identify individuals substantially involved in or responsible for the alleged misconduct, as opposed to all culpable individuals.
..Companies are eligible for partial civil cooperation credit if they identify wrongdoing by senior officials. To receive maximum civil cooperation credit, companies must identify all those substantially involved in or responsible for the alleged misconduct.
..Civil prosecutors again have discretion to consider an individual’s ability to pay when assessing whether to pursue a civil judgment.
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