All Or Nothing; Defense lawyers discuss the Justice Department’s new cooperation policy

Corporate Counsel

11/01/2015

James M. Koukios

Investigations + White Collar Defense and FCPA + Global Anti-Corruption

In The News

James Koukios, former Senior Deputy Chief of the Department of Justice Criminal Division Fraud Section and partner in the firm’s Securities Litigation, Enforcement & White-Collar Defense Practice Group, was quoted regarding DOJ’s Yates Memo, which places increased emphasis on prosecuting individuals, stating that the Department is trying to send the message to corporations that “You can't circle the wagons, you can't offer up a sacrificial lamb. We're going to try to get to the bottom of who actually gave the order.” However, Mr. Koukios questioned whether the Memo’s “all or nothing” approach would ultimately backfire on DOJ by providing disincentives for companies to self-report and cooperate.

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