Understanding the Yates Memo and Its Impact on White Collar Defense

The Yates Memo, issued in 2015 by then-Deputy Attorney General Sally Yates, significantly altered the landscape of corporate investigations and white-collar defense. The memo emphasized the personal accountability of individuals involved in corporate misconduct and outlined the Department of Justice’s (DOJ) expectation that businesses provide all relevant facts about individuals involved in wrongdoing to receive cooperation credit. Despite the passage of time and potential shifts in enforcement priorities, the principles of the Yates Memo continue to shape how corporations and individuals must navigate federal investigations.

What the Yates Memo Means for Businesses

For corporations, the Yates Memo reinforced the necessity of proactive compliance and internal investigation protocols. The DOJ expects businesses to provide a full and thorough account of all facts during an investigation, making it essential for companies to adopt a robust ethics and compliance program that can detect and remediate wrongdoing before it attracts government scrutiny. Key elements of an effective corporate defense strategy include:

  • Implementation of a Comprehensive Compliance Program: A well-structured ethics and compliance plan helps identify potential risks, sets clear reporting mechanisms, and fosters a culture of integrity within the organization.
  • Prompt Internal Investigations: When potential misconduct is uncovered, businesses should swiftly conduct thorough investigations designed to uncover facts and take corrective action before the government steps in.
  • Proactive Remediation Efforts: Demonstrating a commitment to compliance by addressing identified issues, disciplining responsible individuals, and enhancing controls can mitigate exposure to corporate liability.

By taking these proactive measures, corporations can not only comply with DOJ expectations but also position themselves for a more favorable resolution should an investigation arise.

What the Yates Memo Means for Individual Employees

While corporations focus on cooperation and remediation, the Yates Memo presents a stark reality for individuals caught in DOJ investigations. The memo makes it clear that corporations will not necessarily serve as a shield for employees. In fact, when faced with the possibility of avoiding liability, a company may opt to turn over incriminating information about individual employees to federal prosecutors in order to obtain cooperation credit.

Employees should be highly cautious when participating in internal investigations and should proceed only with the advice of individual legal counsel. Some key considerations include:

  • Corporate and Personal Interests May Diverge: While a company may initially appear supportive, its ultimate goal is to protect its own interests, which may involve providing detailed information to the government.
  • Internal Interviews Can Be Used Against You: Statements made during corporate investigations could potentially be handed over to prosecutors, increasing the risk of personal liability.
  • Seek Independent Legal Counsel: Employees should never assume that corporate attorneys represent their personal interests. Retaining an experienced white-collar defense attorney ensures their rights are protected.

Moving Forward: The Best Defense is a Proactive Response

Whether you are a corporation or an individual under investigation, the best defense strategy is proactivity. Companies must establish rigorous compliance frameworks and act decisively when misconduct is detected, while employees must be aware of their rights and obligations when facing corporate scrutiny.

At National Security Law Firm, our team of experienced white-collar defense attorneys understands the complexities of corporate investigations and individual liability under DOJ policies like the Yates Memo. Whether you’re a business navigating compliance obligations or an individual seeking to protect your legal interests, we are here to provide strategic guidance and aggressive representation.

Learn More About White-Collar Defense

For additional information and resources, including our blog articles featuring our best defense strategies and expert tips, visit our White Collar Investigation and Defense page.

Why National Security Law Firm?

At NSLF, our white-collar defense team is led by Dak Kees, a former U.S. Attorney for the Western District of Arkansas. With extensive experience overseeing high-profile federal cases, Dak brings insider knowledge to your defense. His leadership in white-collar fraud and national security cases gives NSLF a strategic advantage unmatched by other firms.

Having served as the United States Attorney for the Western District of Arkansas, Duane “Dak” Kees brings an unparalleled advantage to defending clients facing federal investigations and charges. A U.S. Attorney is the chief federal prosecutor for their district, appointed by the President and confirmed by the Senate, responsible for overseeing all federal criminal prosecutions and civil litigation within their jurisdiction. Dak’s leadership in this prestigious role provided him with in-depth experience managing complex cases involving white-collar crimes, national security threats, and public corruption. His firsthand knowledge of prosecutorial strategies, evidence priorities, and federal agency operations—gained through collaboration with agencies like the FBI, DOJ, SEC, and IRS—enables him to anticipate government tactics and build highly effective defense strategies. Dak’s reputation and credibility within the legal community, combined with his insider perspective, offer a strategic advantage in negotiations and court proceedings.

At National Security Law Firm, clients benefit from his extensive trial experience and ability to leverage his prosecutorial insights to develop proactive defenses that challenge the government’s case at every turn.

Learn more about Dak Kees and our team here.

Take Action Now

If you or your company are under federal investigation, don’t wait for an indictment—take control of your defense today. Contact the National Security Law Firm for a confidential consultation.

National Security Law Firm: It’s Our Turn to Fight for You!