Search Site
Menu
What Affect Does the Yates Memo Have on Internal Investigations?

In September 2015, Deputy Attorney General Sally Yates released a memo that served as a guidance to U.S. Department of Justice attorneys related to the emphasis they should place on individuals’ accountability when it comes to corporate investigations.

In the memo, Yates directs U.S. attorneys to place equal or greater focus on the individual as compared to the corporation itself, while also more closely tying a company’s cooperation credit to the quality of information it offers the DOJ in regards to an individual’s alleged wrongdoing.

A potential change in process

Much has been written and said about these aspects of the Yates Memo, but what has not yet been fully explored is the impact it could have on internal investigations — especially on the relationships between employers and their employees. Many legal experts see the memo as guiding the DOJ to rely more heavily on companies’ self-investigations, rather than the traditional process involving subpoenas, wire taps, surveillance and whistleblower testimony.

The fact that companies are now incentivized to report employee misconduct directly to the DOJ, rather than handling matters internally, could further deteriorate the cooperative relationships between employees and employers. This is paired with the fact that, over the past several years, whistleblowers within businesses and organizations have been encouraged to report wrongdoing directly to the U.S. Securities and Exchange Commission (SEC).

This all results in an environment where both whistleblowers and corporate leaders feel the need to go outside of their organizations when potential wrongdoing has taken place. Some worry — perhaps rightfully so — that this situation could harm organizations’ internal cultures with time.

If you would like to learn more about the Yates Memo and how you can best protect your company, consult an experienced Dallas attorney at Whistleblower Law for Managers.

Honors
Our Office
  • Dallas Office
    4514 Cole Ave
    #600
    Dallas, Texas 75205
    Phone: 214-306-8045
    Fax: 469-729-9926
Testimonials
  • "Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission."  -Richard Bowen, Citigroup Whistleblower

  • "Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best."  -S.S.

  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

FOLLOW US
Facebook Twitter Linkedin RSS Feed JD Supra