On Sept. 9, the U.S. Department of Justice publicly announced the indictment and guilty plea of James Liang, the first Volkswagen executive to be charged in connection with the company’s ongoing emissions scandal. The plea was entered on the one-year anniversary of the DOJ’s release of the so-called Yates Memo, which sent a stern warning to the business world that company executives were now more likely to be held individually accountable for criminal and civil liability arising from corporate misconduct. Even at this early stage in the government’s investigation of Volkswagen, the prosecution of Liang reflects the DOJ’s commitment to the philosophy of the Yates Memo and reveals some practical guidance for lawyers and other personnel responsible for corporate compliance.
The Yates Memo
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