US Department of Justice Announces New Corporate Enforcement Penalty Policy

May 15, 2018

In a speech at the New York City Bar White Collar Crime Institute on May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new U.S. Department of Justice (DOJ) policy designed to encourage coordination among law enforcement agencies in determining corporate enforcement penalties. The policy, which will be integrated into the U.S. Attorneys’ Manual, instructs DOJ attorneys to consider the fines, penalties, and forfeiture applied by other law enforcement agencies (both federal and state) in finalizing their own sanctions. Following the March 2018 announcement of the DOJ’s expanded credit for voluntary disclosure of criminal misconduct, the new policy further bolsters the DOJ’s shift away from large-scale corporate penalties in the Trump Administration.

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