Barry Pollack Quoted Regarding New DOJ Enforcement Polices for Individuals in The Wall Street Journal's Risk and Compliance Journal

"DOJ Raises Stakes, Lowers Incentives of Settlement Talks"
The Wall Street Journal's Risk and Compliance Journal
09.14.15The U.S. Department of Justice (DOJ) announced new policies, outlined in a memo by Deputy Attorney General Sally Yates, which target executives for their wrongdoing in corporate cases. "That changes the calculus for companies, which are traditionally risk-averse and are often willing to settle a case that prosecutors might struggle with proving in a court of law," Pollack said. "It creates a tremendous disincentive in some instances for a company to cooperate." Some experts suggest the DOJ will now have to prove its cases because individuals are more likely to challenge cases brought against them, whereas prosecutors could take advantage of a company's reluctance to fight. According to Pollack, individual prosecutions "are always much more difficult" than corporate prosecutions. "An employee is less likely to cooperate with their employer conducting an internal probe, even if failing to cooperate means losing their job, because getting fired beats being put in jail," he said.
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