New DOJ Memo Avoids All-Or-Nothing Cooperation Credit Seen In Yates Memo

May 2019
Jason de Bretteville, chair of Stradling's White Collar Criminal Defense practice group and co-chair of the firm's Enforcement Defense & Investigations practice group, was quoted in an article published in BioWorld MedTech, “New DOJ Memo Avoids All-Or-Nothing Cooperation Credit Seen In Yates Memo.” The DOJ released a new memo stating that False Claims Act prosecutions offer partial credit for cooperation. This latest memo is a departure from the Yates memo which states that if a company wants to receive cooperation credit, they have to completely disclose any and all relevant information regarding individuals. Not only does the new DOJ policy conflict with the policy at the Office of Inspector General, it also offers help with qui tam actions. de Bretteville stated that, “While the contrast of the Yates memo and this latest policy might seem to suggest DOJ policy will continue to wobble with a change in the party of the presidency…the DOJ has a strong identity that lessens the influence that comes with each changing administration.” With respect to the qui tam actions, he stated “I’m not sure why the government felt it needed to address a parallel qui tam claim unless there was some compelling need to bring the matter to a close.” For more information, read the full article below.
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