There has been much hubbub around the Yates Memorandum and what it means for compliance officers, especially in the life sciences industry. Two recent cases, Reichel of Warner Chilcott and now Facteau and Fabian of Acclarent, show just how difficult it may be for the government to accomplish what the Yates Memo sets out to do successfully – hold individuals accountable.
The Yates Memorandum was issued in September of 2015 by Deputy Attorney General Sally Yates, with the purpose being to hold individuals accountable for corporate wrongdoing. However, the acquittal of W. Carl Reichel of Warner Chilcott may have laid the groundwork and set an example for industry attorneys who, in the future, need to protect individuals against the accountability the Yates Memo sets out. A more recent qui tam False Claims Act case, Acclarent, signifies just that: the groundwork laid in the Reichel case may be the key to executives’ defenses and the Yates Memorandum.
Read Full Article in the October 2016 Issue of Life Science Compliance Update