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Federal Sentencing Guidelines Corporate Criminal Fines

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

Faegre Drinker Biddle & Reath LLP

DOJ Criminal Division Releases Criteria for Evaluating Companies’ Ability to Pay Fines

The criminal division of the U.S. Department of Justice formalized the criteria it will use to evaluate corporate defendants’ claims of inability to pay fines or monetary penalties. The memorandum, published October 8, 2019,...more

ArentFox Schiff

Investigations Newsletter: DOJ Issues Guidance on Ability-to-Pay in False Claims Act Cases

ArentFox Schiff on

DOJ Issues Guidance on Ability-to-Pay in False Claims Act Cases - On October 8, 2019, Assistant Attorney General Brian Benczkowski announced new guidance for federal prosecutors evaluating whether a corporation is unable...more

A&O Shearman

DOJ Introduces Guidance Over Inability-to-Pay Claims

A&O Shearman on

On October 8, 2019, the Department of Justice (“DOJ”) issued a memorandum (“Memorandum”) providing guidance on how the DOJ’s prosecutors will handle inability-to-pay claims from companies, intending to provide companies—and...more

King & Spalding

DOJ Issues Guidance for Evaluating a Business Organization's Inability to Pay a Criminal Fine or Penalty

King & Spalding on

On October 8, 2019, Assistant Attorney General Brian A. Benczkowski issued a memorandum to the Criminal Division of the U.S. Department of Justice (“DOJ” or “the Department”) that established a framework for assessing...more

Jackson Lewis P.C.

Department Of Justice Guidance On Companies’ Claim Of Inability To Pay Criminal Fines

Jackson Lewis P.C. on

The Department of Justice Criminal Division has clarified its policy on the Department’s assessment of a company’s claim that it cannot afford to pay a criminal fine in a memorandum issued on October 8, 2019. Criminal...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

Farella Braun + Martel LLP

Developments in Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged

On October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors. Nippon Chemi-Con is...more

Thomas Fox - Compliance Evangelist

This Week in FCPA-Episode 55, the Covfefe Edition

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. Brazilian meatpacker JBS agrees to the largest fine ever for fine for bribery and corruption, $3.2bn...more

Dechert LLP

New UK Sentencing Guidelines - What Does This Mean For Corporates?

Dechert LLP on

The Sentencing Council’s Definitive Guidance for Fraud, Bribery and Money Laundering Offences (the “UK Guidelines”) came into force on 1 October 2014. The UK Guidelines set out a ten step process for sentencing and apply to...more

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