The Yates Memo (2015)
In September 2015, former Deputy AG Sally Yates authored a memo emphasizing the need to pursue individual prosecutions for CEOs engaged in corporate crimes while
ensuring that corporations provide the DOJ all relevant facts about the individuals involved in corporate misconduct in order to be eligible for sentencing credit in both criminal and civil cases. The Yates Memo has broad applicability in the healthcare fraud context by clarifying the DOJ's position in healthcare fraud and FCA cases. In order to receive maximum corporate credit under Chapter 8 of the United States Sentencing Guidelines, a corporation must fully investigate the corporate misconduct and disclose those involved. Federal prosecutors require full cooperation against individual actors as a condition of leniency against any United States healthcare corporation. Corporations expecting to receive any credit under Chapter 8 of the US Sentencing Guidelines must
fully disclose all corporate actors.
Since the Yates Memo DOJ policy has slightly changed. In Criminal cases, the DOJ employs an "all or nothing" strategy, requiring full cooperation and disclosure of corporate actors in exchange for corporate leniency. In Civil cases - such as FCA cases - the DOJ no longer employs an all or nothing approach that requires companies to provide the DOJ with evidence of the civil liability of any individual employees in order for it to receive full credit.