The US Justice Dept. laid out steps for its attorneys to take in holding to account individuals responsible for illegal corporate conduct, in an apparent bid to boost such enforcement.
In a Sept. 9 memo obtained by The New York Times, the DOJ noted the “many substantial challenges unique to pursuing individuals for corporate misdeeds,” including the difficulty of determining whether they had the knowledge and criminal intent necessary to establish their guilt beyond a reasonable doubt. The guidance also applies to civil corporate matters, it said.
“Civil attorneys investigating corporate wrongdoing should maintain a focus on the responsible individuals,” the DOJ said.
“Civil attorneys investigating corporate wrongdoing should maintain a focus on the responsible individuals,” the DOJ said.
A working group of senior attorneys in and outside of the department “identified areas in which it can amend its policies and practices in order to most effectively pursue” individuals, the department said. It distilled six steps, some of which reflect policy shifts: