Internal Investigations and Criminal Discovery After the Yates Memo

The September 2015 Yates Memo is a clarion call to businesses around the world to come forward with specific, actionable information that the Justice Department can use to prosecute individual wrongdoers. There is some debate about whether the Yates Memo represents a shift in policy or is simply a reiteration of the Department’s longstanding principles, but the memo will undoubtedly have an immense effect on both individuals and corporations, particularly when it comes to criminal discovery in individual prosecutions. On May 16, Quinn Emanuel and The FCPA Report will host a symposium in New York addressing the challenges of navigating internal investigations and negotiations with the government in the post-Yates Memo era. In advance of that event, in a guest article, Quinn Emanuel partners William Burck and Benjamin O’Neil, and associates Daniel Koffmann and Selina MacLaren, draw upon their experiences representing former PetroTiger employee Joseph Sigelman in a recent FCPA case, to offer suggestions for both companies and individuals facing federal investigations and prosecutions in the wake of the Yates Memo. For more information on the symposium please contact Max Humphrey at 

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