As readers of Health Law and Policy Matters know, we have covered recent developments in the Department of Justice's (DOJ's) commitment to prosecuting individuals involved in corporate misconduct. A flurry of activity on this issue erupted after a Deputy Attorney General (DAG) in the DOJ named Sally Quinlan Yates published a memorandum in September. Known as the "Yates Memo," the memo sets forth certain steps that the DOJ will take during investigation of corporate misconduct to ensure that individuals involved in the misconduct are held responsible. We provided an overview of the Yates Memo here, and highlighted subsequent DOJ remarks on the memo here.
The DOJ is continuing to clarify and expound on the Yates Memo. On October 22, 2015, Benjamin C. Mizer, the Principal DAG responsible for the DOJ's Civil Division, spoke at the 16th Pharmaceutical Compliance Congress and Best Practices Forum in Washington, D.C. In his speech, Mizer focused on a number of points made in the Yates Memo, including the steps that corporations must take to receive cooperation credit, stating in part "...no partial credit for cooperation that doesn't include information about individuals." Mizer went on to discuss other aspects of the Yates Memo. Our colleague, Bridget Rohde, has published a post outlining Mizer's remarks and their potential implications on DOJ's approach to corporate investigations. Her post can be found here.
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