July 31, 2017

In this article, Jenner & Block Partners Nicholas R. Barnaby and David Bitkower and Associate Marguerite L. Moeller analyze the Department of Justice’s practices in accounting for penalties imposed by foreign enforcement authorities when it investigates and prosecutes transnational corporate crime.  The authors explain that there may be limits to the Department’s willingness to “offset” penalties imposed by foreign authorities when calculating its own penalties for the same alleged misconduct.  They caution that this could lead to unfair resolutions, and that “Global businesses will need to attune themselves to this changing landscape, and to the message from DOJ, as they seek to manage risk and secure appropriate resolutions.”