DOJ Yates Memorandum

General

“Too Important to Jail,” the Yates Memorandum and FCPA Criminal Prosecutions

The Justice Department’s continuing lack of individual criminal prosecutions in the FCPA arena continues to raise serious questions. DOJ’s issuance of the Yates memorandum was seen as a new and important reiteration of DOJ’s commitment to individual prosecutions. In several significant areas, healthcare and antitrust, individual prosecutions

General

The Challenges Facing the Antitrust Leniency Program and the Yates Memorandum

The Justice Department’s Antitrust Division has a long history of independence within the US Department of Justice. Antitrust enforcement was considered a unique area requiring a specialized understanding of markets and economics. In the civil enforcement area, this expertise and understanding of economics, competition and business makes sense. As