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Expert Analysis

DOJ's Pursuit Of Admissions — And The Risks Of Settling

Law360, New York (April 6, 2015, 10:37 AM EDT) -- On March 19, 2015, the U.S. Attorney's Office for the Southern District of New York announced a proposed settlement of a civil fraud lawsuit against a large financial institution (bank).[1] As with many of the U.S. Department of Justice's recent settlements, the proposed settlement includes a significant monetary penalty. However, the proposed settlement also includes two additional elements traditionally more associated with resolutions of criminal matters, but which the DOJ has increasingly sought in civil fraud cases: namely, admissions of misconduct, as well as sanctions against corporate executives involved in the alleged misconduct....

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