In our last column, we described the Department of Justice (DOJ) Fraud Section’s new pilot program offering leniency to corporations that self-report Foreign Corrupt Practices Act violations (FCPA Pilot Program).1 The Program is designed to further the goals of the DOJ’s Yates Memorandum, released in September 2015, which announced the DOJ’s intention to deter corporate misconduct by holding more individual employees accountable. The Yates Memo was the latest in a series of memoranda issued by the DOJ describing its policies on prosecuting corporations and their employees, including how corporations can avoid or mitigate prosecution through cooperation with the government.
Commentators have noted, however, that some of the conduct these memos require of corporations can essentially turn them into agents of the government. In fact, courts have held that corporate actions against employees pursuant to these memoranda violated employees’ constitutional rights because the government had coerced corporations into becoming state actors.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
