Jenner & Block

DOJ Announces New Policy to Avoid “Piling On” of Duplicative Corporate Penalties

On May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new US Department of Justice (DOJ) policy to encourage coordination among DOJ units and other law enforcement agencies when imposing multiple penalties for the same conduct.  In his speech, Rosenstein observed that “‘[p]iling on’ can deprive a company of the benefits of certainty and finality ordinarily available through a full and final settlement.”  As he described it, the aim of the new policy is to “enhance relationships with our law enforcement partners in the United States and abroad, while avoiding unfair duplicative practices.”