U.S. Justice Department Issues New Guidelines Prioritizing Individual Liability For Corporate Wrongdoing

On September 9, 2015, the U.S. Justice Department issued new guidelines aimed at prioritizing the Department’s focus on individual responsibility in both civil and criminal corporate wrongdoing. The new guidelines reflect “six steps” that the Department will take to “strengthen” its “pursuit of individual corporate wrongdoing,” acknowledging that some of these “reflect policy shifts.” This shift in the Department’s focus, which follows criticism that the Department has not been aggressive enough in prosecuting individuals post-financial crisis, should be of interest for companies and individuals engaged in ongoing Department investigations and those likely to be, including companies and individuals in heavily-regulated industries.