Insights
Environmental and White Collar Attorneys Examine the Volkswagen Emissions Scandal and Application of the Yates Memo for Bloomberg BNA
In a January 4, 2016 article for Bloomberg BNA's Daily Environmental Report, Environmental Principal Michael C. Gross, Associate Aaron S. Mapes, and White Collar Associate Carolyn H. Kendall examined the recent Volkswagen emissions scandal, the Yates Memo, federal investigations, and the higher standards the new policy detailed by the Yates Memo sets for the prosecution of corporate crime.
From the article:
"Volkswagen has admitted that up to 11 million diesel vehicles around the world have engines fitted with defeat devices that allowed them to pass emissions tests despite spewing more pollution than permitted. The revelations were announced Sept. 18 by the Environmental Protection Agency (EPA) and have prompted investigations by the EPA and the Department of Justice (DOJ). Just nine days before the scandal came to light, the DOJ unveiled a new policy that holds executives accountable for the misconduct of their organizations, prompted by the lack of prosecutions after the financial collapse of Wall Street. The new policy was announced in a memorandum known as the Yates Memo. Whether the DOJ will pursue criminal charges against Volkswagen or its leaders for these so-called defeat devices remains to be seen, but the government’s commitment to the principles of the new policy could be put to the test."
