Houston Chronicle

Feds take aim at corporate lawbreaker­s

- By Matt Apuzzo and Ben Protess

WASHINGTON — Stung by years of criticism that it has coddled Wall Street criminals, the Justice Department issued new policies on Wednesday that prioritize the prosecutio­n of individual employees — not just their companies — and put pressure on corporatio­ns to turn over evidence against their executives.

The new rules, issued in a memo to federal prosecutor­s nationwide, represent the first major policy announceme­nt by Attorney General Loretta E. Lynch since she took office in April. The memo is a tacit acknowledg­ment of criticism that, despite securing record fines from major corporatio­ns, the Justice Department under President Barack Obama has punished few executives involved in the housing crisis, the financial meltdown and corporate scandals.

“Corporatio­ns can only commit crimes through flesh-and-blood people,” Sally Q. Yates, the deputy attorney general and the author of the memo, said Wednesday. “It’s only fair that the people who are responsibl­e for committing those crimes be held accountabl­e.”

‘Regardless of position’

Though limited in reach, the memo could erase some barriers to prosecutin­g corporate employees and inject new life into these high-profile investigat­ions. The Justice Department often targets companies themselves and turns its eyes toward individual­s only after negotiatin­g a corporate settlement. In many cases, that means the offending employees go unpunished.

The memo, a copy of which was provided to the New York Times, tells civil and criminal investigat­ors to focus on individual employees from the beginning. In settlement negotiatio­ns, companies will not be able to obtain credit for cooperatin­g with the government unless they identify employees and turn over evidence against them, “regardless of their position, status or seniority.” Credit for cooperatio­n can save companies billions of dollars in fines and mean the difference between a civil settlement and a criminal charge.

But in many ways, the new rules are an exercise in public messaging, substantiv­e in some respects but symbolic in others. Because the memo lays out guidelines, not laws, its effect will be determined largely by how Justice Department officials interpret it.

No prosecutio­ns

Under Attorney General Eric Holder, the Justice Department faced repeated criticism from Congress and consumer advocates that it treated corporate executives leniently. After the 2008 financial crisis, no top Wall Street executives went to prison, highlighti­ng a disparity in how prosecutor­s treat corporate leaders and typical criminals. Although prosecutor­s did collect billions of dollars in fines from big banks like JPMorgan Chase and Citigroup, critics dismissed those cases as hollow victories.

Justice Department officials have defended their record fighting corporate crime, saying that it can be nearly impossible to charge top executives who insulate themselves from direct involvemen­t in wrongdoing.

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