DOJ Guidance Offers Needed Flexibility For Corporate Fines

Law360 (October 29, 2019, 3:23 PM EDT) -- A new U.S. Department of Justice policy provides for additional transparency and long-needed guidance to prosecutors who often evaluate inability-to-pay claims by companies facing substantial criminal fines and penalties. In a potentially significant move, the DOJ’s new policy also presents new opportunities for companies to advocate for reduced penalties with arguments that have not been available of late.

Over the past several years, a company seeking a reduced fine or penalty due to an inability to pay was forced to make the case that its continued viability would be substantially jeopardized were it to pay a fine that was called for under...

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