On September 10, Deputy Attorney General Sally Yates discussed her September 9 memorandum on individual liability in matters of corporate wrongdoing, now known as the “Yates Memo.”  DAG Yates outlined the challenges DOJ has faced in prosecuting individuals involved in corporate wrongdoing but noted the significant benefits such prosecutions bring—for deterrence and improvement of corporate governance, among other areas—and highlighted six policy changes, noting that some were new and some had already been practiced at some places within DOJ, but would now apply across the Department.  She explained the following: (i) corporations seeking cooperation credit will be required to investigate and identify all responsible individuals; (ii) DOJ prosecutors will be required to focus on individuals from the start of an investigation and not delay prosecutions until after the corporate case is resolved; (iii) DOJ will require routine communication between its civil and criminal prosecutors; (iv) absent extraordinary circumstances, corporate resolutions will not provide protection from criminal or civil liability for any individuals; (v) cases will not be resolved without a clear plan to resolve related cases against individuals; and (vi) DOJ will pursue civil remedies against corporate wrongdoers even if those wrongdoers do not have the financial resources to satisfy a significant money judgment.  Yates said that these changes might lead fewer corporations to cooperate and fewer individuals to plead guilty, given that they will face longer prison sentences.  DOJ would be willing to accept those results, Yates concluded, if these changes also brought greater accountability for the individuals involved in corporate wrongdoing.