On 4 February 2016, it was reported that companies that wish to reach a settlement agreement with the  DoJ’s  fraud section will be required to certify that they have fully disclosed all non-privileged information about individuals involved in the alleged wrongdoing. It is understood that that the process for certifying cooperation is still being developed but could include a written statement  of cooperation.

The new requirement, which so far has only been reported in the Wall Street Journal, is consistent with the DoJ’s recent stance that individuals involved in corporate wrongdoing should be held accountable, and reflects the guidance set out in the memorandum issued by Deputy Attorney General Sally Quillian Yates in September 2015 (as reported in Volume 3, Issue 10 of this newsletter).