When Is an Individual “Substantially” Involved in a Crime?

At the end of 2018, Deputy Attorney General Rod Rosenstein announced changes to the DOJ’s policy on prosecuting individuals in corporate cases. As discussed in our first article about the revisions, the changes are generally small and represent a preservation of the majority of the policy as originally encompassed in the Yates Memo. However, one tweak to the language could impact how companies get cooperation credit in anti-corruption investigations. We spoke with former DOJ prosecutors about the implications of this change in the language. See “Changes to Justice Manual on Individual Prosecutions Moderate but Preserve the Yates Memo” (Jan. 23, 2019).

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