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Justice Dept. Mulling Yates Memo Policy Clarifications

Posted in Fraud and Abuse, Legislation and Public Policy, Litigation, White Collar

An October 17 article in Bloomberg BNA’s Health Care Daily Report and other publications, “Justice Dept. Mulling Yates Memo Policy Clarifications,” discussed the U.S. Department of Justice’s (DOJ’s) planned review of the so-called Yates memo.  Day Pitney’s Eric Fader was quoted in the article.The memo, named for former Deputy Attorney General Sally Yates, provides federal prosecutors with guidance for prioritizing prosecution of individuals in corporate misconduct investigations and has implications for how the department assesses healthcare fraud and similar allegations under the False Claims Act. Eric told Bloomberg BNA that the current discussion of the memo may be largely an instance of “one administration reacting against something that was put in place by another administration” that may not lead to significant differences in the DOJ’s enforcement posture.
Eric also predicted that the memo’s focus on individual accountability is likely to continue, while any changes to the memo may soften the government’s regulation of corporations. Deputy Attorney General Rod Rosenstein’s remarks on individual culpability, Eric added, match those made by U.S. Attorney General Jeff Sessions at an ethics conference in April, but any leniency in corporate regulation could cause companies and executives to “take advantage of the extra latitude.”

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