An October 17 article in Bloomberg BNA's Health Care
Daily Report and other publications, "Justice Dept.
Mulling Yates Memo Policy Clarifications," discussed the U.S.
Department of Justice's (DOJ's) planned review of the
so-called Yates memo. Day Pitney's Eric Fader was
quoted in the article.
The memo, named for former Deputy Attorney General Sally Yates,
provides federal prosecutors with guidance for prioritizing
prosecution of individuals in corporate misconduct investigations
and has implications for how the department assesses healthcare
fraud and similar allegations under the False Claims Act. Eric told
Bloomberg BNA that the current discussion of the memo may
be largely an instance of "one administration reacting against
something that was put in place by another administration"
that may not lead to significant differences in the DOJ's
enforcement posture.
Eric also predicted that the memo's focus on individual
accountability is likely to continue, while any changes to the memo
may soften the government's regulation of corporations. Deputy
Attorney General Rod Rosenstein's remarks on individual
culpability, Eric added, match those made by U.S. Attorney General
Jeff Sessions at an ethics conference in April, but any leniency in
corporate regulation could cause companies and executives to
"take advantage of the extra latitude."
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