Gaerte Examines the "New Playbook" for Prosecuting White Collar Crime
BGD attorney K. Michael Gaerte and co-author James J. Bell recently discussed the new methods by which white collar criminals are prosecuted following the “Yates Memo” in a recent column for Indiana Lawyer.
In their article, they explain the implementation of new Department of Justice (DOJ) policies set forth in a directive from Deputy Attorney General Sally Quillian Yates. Gaerte and Bell describe the six primary takeaways in detail:
- Corporations must affirmatively provide the department with all relevant facts relating to individual misconduct.
- All investigations should focus on both criminal and individual liability at the inception.
- The department’s civil and criminal attorneys should be in routine communication.
- Culpable individuals shall not be released from liability simply as a result of a corporate resolution absent extraordinary circumstances.
- Criminal cases shall be resolved in conjunction with corporate matters.
- Civil prosecutors should focus on individuals as well as a corporation and should not evaluate whether to pursue individual claims based strictly on the individual’s ability to pay.
While it is certain that these changes will increase the workload of DOJ attorneys and staff, additional funding is not available in the near future. However, the DOJ has made a clear commitment to changing the rules of prosecution; Gaerte and Bell conclude that “[t]he manner in which defense counsel responds to a federal investigation may no longer be as effective as it once was.”
Read the full article, including detailed explanations of the 6 takeaways, on the Indiana Lawyer website.
To learn more about K. Michael Gaerte and his practice, please visit his profile.