In 2015 former Deputy Attorney General Sally Yates authored a memorandum that became the basis of Department of Justice policy on corporate wrongdoing.  According to the Yates memo prosecutors will investigate both the corporation and the responsible corporate officers simultaneously from the outset of alleged illegal activity.  Since 2015 the Department of Justice has negotiated settlements with cooperate entities for illegal practices including excessive billing and other malfeasance.  Officer of the companies concerned have been obliged to make proportionate personal financial settlements in addition to the possibility of facing criminal action.

Asst Attorney General
Sally Yates

The Yates memo confirms that the U.S. government will hold individuals in positions of authority to be responsible for corporate wrongdoing especially if there are allegations of defrauding any federal agency.

A second consideration for corporate officers concerns the attorney-client privilege. Communications between an executive and an attorney are only privileged if the attorney is acting in the capacity of a legal advisor to the individual concerned. Attorneys must distinguish between serving a corporate entity and an individual.  The U.S. District Court has ruled that E-mail communications sent by Elizabeth Holmes to the company attorney of Theranos, were not protected under the attorney-client privilege.