O’Melveny Worldwide

New York Law Journal: Turning the Tables on DOJ: Individual Defendants Wield Corporate Criminal Enforcement Policies Against the Government

March 6, 2023

O’Melveny partners Benjamin Singer and Rebecca Mermelstein, and counsel Alix Sandman co-authored this article discussing the intersection of the US Department of Justice’s corporate enforcement policies and individual white collar prosecutions. “For its part, the government seems committed to leveraging corporate cooperation to prosecute individual misconduct, leaving courts to grapple with the difficult question of fairness for executives caught in the middle,” the authors wrote. “In the meantime, companies and their counsel may think twice before self-disclosing potential misconduct, not because the carrots from DOJ are not generous or transparent, but because the costs of rendering extraordinary cooperation are so unpredictable and ultimately out of DOJ’s control.”

Read the full article here.