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April 24, 2017

Time to Revisit the Yates Memo?

Recent years within the Department of Justice (DOJ) have seen a notable shift in emphasis from “prosecutorial discretion to institutional incentives that drive a mercenary hunt for human scalps and colossal fines,” writes Robert Bork Jr. in Forbes.

In fiscal year 2015, the DOJ raked in more than $23 billion in civil and criminal recoveries leveraged on less than $3 billion in appropriations – a return of 750%.

Additionally, the 2015 Yates memo, “established incentives to create corporate villains, even where they don’t exist” leading to several questionable cases including the prosecution of W. Carl Reichel and the case against Vascular Solutions CEO Howard Root.

“As new Attorney General Jeff Sessions and his team settle in, they should revisit the Yates memo and the DOJ’s approach to fine-hungry, anti-business tactics.”

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