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Expert Analysis

DOJ Guidance Offers Needed Flexibility For Corporate Fines

By Ephraim (Fry) Wernick and Brittany Harwood (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....

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