DOJ Mulls New Guidance On Corporate Poverty Claims

Law360 (September 12, 2019, 8:28 PM EDT) -- The U.S. Department of Justice may add more guidance for prosecutors on what to do when a company claims it can’t survive a big fine, a DOJ official said Thursday, suggesting the potential for yet another policy aimed at decreasing uncertainty for companies facing an enforcement action.

Deputy Assistant Attorney General Matthew Miner told attendees at an enforcement conference that prosecutors don’t currently have much in the way of “concrete guidance or factors to consider” to help them weigh companies' claims that they can’t afford to pay the full amount of a fine.

“Accordingly, we are considering whether there are ways...

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