A Welcome DOJ Shift On Cooperation Credit

By John Nowak (December 4, 2018, 1:10 PM EST) -- Late last week Deputy Attorney General Rod Rosenstein announced a change in U.S. Department of Justice policy with respect to the DOJ's pursuit of individual corporate wrongdoers in white collar investigations. Specifically, Rosenstein stated that the DOJ will now allow a company to receive cooperation credit in criminal cases where the company has identified every individual who was "substantially involved in or responsible for the criminal conduct." Although it is not a sea change from prior practice and it remains to be seen what standard the DOJ will set to determine whether an employee or executive was "substantially involved" or "responsible for the criminal conduct," this policy is a welcome shift in approach from the position taken by the prior administration....

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