Enforcement actions for violations of laws and rules or regulations have increased in various industries such as health care, banking, antitrust, government contracting, and more. This increased scrutiny has led to stringent regulatory action as well as to criminal investigations and prosecutions. White collar attorneys have their hands full, defending corporations and their officials in cases involving allegations of healthcare fraud, securities fraud, false claims, tax fraud, environmental crimes, bribery, and immigration violations.
Legal transcription services are a big help for attorneys defending white collar crimes. The need for such professional documentation services is likely to increase with the Yates Memo – the new policy on individual liability announced by the Department of Justice (DOJ).
Yates Memo – Spotlight on Personal Liability could lead to More Trials
The Yates Memo seeks to increase the focus on individual culpability in corporate white collar offense. Announced by Deputy Attorney General Sally Quillian Yates in September 2015, this ground-breaking statement put down several important policies regarding individual liability for corporate misconduct. The key points in the Yates Memo are as follows:
- Identify the individuals and focus on individuals from the start of the investigation
- To be eligible to receive any cooperation credit, the corporation must provide the DOJ with relevant facts about all persons involved in the corporate misconduct
- The corporation cannot protect its people
- There will be no consideration of an individual’s ability to pay when DOJ considers charges
The memo also says that DOJ attorneys must now have a justification for choosing not to bring civil claims or criminal charges against individuals. The crucial message that this policy statement conveys is that personal responsibility is an irrefutable part of fixing and preventing corporate misconduct.
According to experts, the new policy will result in more resource-intensive investigations more trials, and consequently, more documentation. This is because individuals, with their freedom under threat, are more likely to challenge criminal charges than corporations which have investors who prefer finality.
Legal Transcription Services for Meticulous Trial Preparation
Common white collar crimes include different types of fraud, embezzlement, tax evasion and money laundering. These cases are very difficult to defend, more so with regulations getting tougher.
Attorneys handling white collar crime and criminal trials in federal and state courts are faced with a mountain of paperwork including preparing accurate transcription of depositions, interrogations, case hearings and interviews. Their work includes preparing responses to grand jury subpoenas and search warrants, getting clients ready for grand jury testimony and interviews, negotiating non-prosecution, deferred prosecution and plea agreements pre-indictment, and handling pretrial, trial, sentencing and appeal. Legal transcription companies provide them with invaluable support for converting audio and video recordings of various legal proceedings into lucid transcripts necessary for the conduct of the trial.
For individuals and businesses being investigated in a white collar crime, choosing a capable, skilled and experienced trial attorney can make a significant difference to the final outcome of the case.