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May 10, 2018

DAG Rosenstein Addresses “Piling On” Enforcement

In a speech yesterday, U.S. Deputy Attorney General Rod Rosenstein said that he has created new internal policies to address “piling on” enforcement, in which companies are subject to multiple fines from different agencies for the same conduct, Law360 reports.
 
Rosenstein said he added language to the U.S. Attorneys’ Manual that instructs Department of Justice attorneys to “avoid the unnecessary imposition” of duplicate fines on businesses. The new policy also tells attorneys to “endeavor, as appropriate, to coordinate with and consider the amount” of penalties levied by other agencies.

The new policy, Rosenstein says, is designed to address “piling on” enforcement that “can deprive a company of the benefits of certainty and finality ordinarily available through a full and final settlement.”

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