11/5/19: In prepared remarks for the Global Investigations Review Live, Assistant Attorney General Brian A. Benczkowski announced new guidance for Criminal Division prosecutors in evaluating assertions about the ability of business organizations to pay a criminal fine or monetary penalty. ....
Although the US Sentencing Guidelines already provide some guidance on the issue, Benczkowski explained, “As the memo makes clear, where legitimate questions exist regarding the company’s inability to pay the government will consider a range of factors.’ He then goes on the review those factors....