News & Analysis as of

Criminal Prosecution Failure To Pay

Stange Law Firm, PC

What If You Cannot Pay Your Child Support?

Stange Law Firm, PC on

In divorce and paternity cases, one parent is often ordered to pay child support to the other. While child support formulas can vary by state, child support calculations typically involve the court look at varying factors....more

McDermott Will & Emery

DOJ Memorandum Clarifies US Sentencing Guidelines’ Fine Reduction Determination Process

McDermott Will & Emery on

The US Sentencing Guidelines permit reductions of criminal penalties based on a business organization’s inability to pay criminal fines, but were unclear about how it would make such determinations. An October 8 memorandum...more

Jones Day

DOJ Announces Changes in White-Collar Criminal Enforcement in the Interest of Transparency

Jones Day on

The Situation: On October 8, 2019, the U.S. Department of Justice ("DOJ") announced two significant developments relating to the enforcement of white-collar crime: (i) new guidance on how prosecutors should evaluate requests...more

WilmerHale

DOJ Inability to Pay Guidance: Beyond Corporate Formalities

WilmerHale on

On October 8, 2019, the US Department of Justice (DOJ or Justice Department) issued new guidance on evaluating inability-to-pay arguments in a memorandum to the Criminal Division. The memorandum provides considerably more...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues Guidance on Corporate Poverty Claims

On Tuesday, October 8, 2019, the Department of Justice provided guidance on how its prosecutors should evaluate claims of corporate poverty. This comes on the heels of Deputy Assistant Attorney General Matthew Miner’s...more

Foley Hoag LLP - White Collar Law &...

DOJ Considers Guidance on Corporate Claims of Inability to Pay

On September 12, 2019, Deputy Assistant Attorney General Matthew Miner signaled that the Department of Justice may provide further guidance to prosecutors—and companies—on how to evaluate claims of corporate poverty. In a...more

Epstein Becker & Green

New Jersey Enacts Sweeping “Wage Theft” Law

Epstein Becker & Green on

On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more

Sheppard Mullin Richter & Hampton LLP

Employers Beware - Newly Issued Judicial Interpretation Resolves Ambiguity Under The Criminal Law For Failure To Pay Wages

Employers in China who intentionally default on making payment to their workers beware. It is no coincidence that China's People's Supreme Court issued a Judicial Interpretation on January 22, 2013, made effective on January...more

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