Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown
By Rachel Berk, Matthew Rutter and Christopher Gerardi (May 27, 2021, 3:41 PM EDT) -- With an expected uptick in enforcement under the Biden administration and the recent passage of the National Defense Authorization Act for fiscal year 2021, organizations may find themselves facing criminal fines or other monetary penalties that could, in essence, break the bank. Organizations could become unviable, unable to pay restitution to victims or be forced to initiate employee layoffs.
Embedded in the NDAA is the explicit granting of authority and the extension of the statute of limitations from five to 10 years for certain scienter-based violations in federal district court. While the U.S. Supreme Court's 2020 decision in Liu v. U.S....
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