Inside The New DOJ Policy On Coordinated Enforcement

By Suzanne Jaffe Bloom, Staci Yablon and Sean Anderson (May 11, 2018, 4:31 PM EDT) -- Deputy Attorney General Rod Rosenstein announced on May 9, first at the New York City Bar Association's White Collar Crime Institute and later in the day at the American Conference Institute's 20th Anniversary New York Conference on the Foreign Corrupt Practices Act, a new U.S. Department of Justice policy that "encourages coordination among [DOJ] components and other enforcement agencies when imposing multiple penalties for the same conduct." Rosenstein noted that where a company is accountable to multiple regulatory bodies, there is "a risk of repeated punishments that may exceed what is necessary to rectify the harm and deter future violations." The policy is aimed at discouraging "disproportionate enforcement of laws by multiple authorities," which Rosenstein likened to "piling on" in football. It encourages coordination among multiple authorities to achieve "an overall equitable result."...

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