The DOJ’s New Position On Corporate Cooperation

19 August 2015
Securities & Commodities Regulation
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In recent speeches, Department of Justice officials have signaled that a corporation under investigation will receive full credit for cooperation only if it provides evidence enabling prosecutors to bring cases against individuals. The author lists some difficult questions the policy raises for defense counsel and notes that its effects may be perverse: employees less willing to cooperate in internal investigations and companies less willing to cooperate in marginal cases when evidence of individual culpability may not exist.