While many Pennsylvania residents think of crimes like murder, assault, or robbery when they think about crime, white collar crime is just as serious, and it isn’t limited to individuals. Corporations themselves can face allegations of white collar crime, but the executives and employees who allegedly directed or carried out the underlying conduct can face individual criminal liability as well.
The Push for Individual Accountability
Federal prosecutors have spent the past decade emphasizing individual accountability alongside corporate liability in white collar cases. This approach traces back to the Department of Justice’s 2015 policy memo, often called the Yates Memo, which directed prosecutors to focus on individual wrongdoers, not just corporate settlements, when investigating corporate misconduct.
In March 2026, the DOJ released its first-ever department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy, unifying enforcement standards across the department’s white collar practice. The policy continues to identify prosecuting individuals, whether executives, officers, or other employees, as the department’s first priority, while also creating incentives for companies that voluntarily disclose misconduct and cooperate with investigations.
What Prosecutors Must Prove
Holding an individual criminally liable for corporate misconduct is not automatic just because they worked for the company involved. Prosecutors generally must show that the individual knew a crime was occurring and that they understood the conduct was illegal, particularly when the underlying rule or regulation isn’t something the average person would know off the top of their head. Proving that knowledge, rather than simply proving the company’s conduct was unlawful, is often the central battleground in these cases.
Frequently Asked Questions
Can an employee be held individually liable for a company’s white collar crime?
Yes. Federal prosecutors can pursue individual employees, officers, or executives separately from any charges against the company itself, particularly when they knew about and participated in the misconduct.
What is the Yates Memo?
The Yates Memo is a 2015 Department of Justice policy that directed federal prosecutors to prioritize holding individual wrongdoers accountable, not just resolving cases through corporate settlements.
What did the DOJ’s 2026 Corporate Enforcement Policy change?
It created the department’s first unified, department-wide corporate enforcement policy, continuing to make individual accountability the top priority while offering incentives to companies that voluntarily disclose misconduct and cooperate with investigations.
What must prosecutors prove to convict an individual in a corporate crime case?
Prosecutors generally must show the individual knew a crime was occurring and understood the conduct was illegal, which can be a significant hurdle when the underlying rule isn’t something the average person would recognize as unlawful.
Should I talk to investigators if my company is under investigation?
You should speak with an attorney before answering questions from investigators. What you say early on can affect whether you’re treated as a witness or become a target of the investigation yourself.
Contact an Experienced White Collar Defense Attorney
If you are an executive, officer, or employee facing questions from investigators about your company’s conduct, what you say early in an investigation can shape whether you are treated as a witness or a target. The white collar defense attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. can help you understand your rights and build a defense tailored to your role in the matter. Call (215) 822-7575 or complete our online contact form to schedule a consultation with a lawyer today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 18, 2026
