The Justice Department’s New Corporate Resolution Policy: An End to ‘Piling On’?

By Charles A. De Monaco, Matthew D. Lee and Jana Volante Walshak Deputy Attorney General Rod Rosenstein unveiled a new Justice Department policy for resolving major corporate investigations last month at a speech to the New York City Bar White Collar Crime Institute. The new policy encourages coordination among Justice Department components and other enforcement agencies in order to curb the practice of multiple government authorities imposing separate punishments on a corporate defendant for the same underlying conduct. Employing a football metaphor, Rosenstein said this new policy is meant to prevent “piling on,” which he described as “a player jumping on a pile of other players after the opponent is already tackled.”[1] The goal of the policy is to enhance relationships with the Justice Department’s law enforcement partners in the United States and abroad, while avoiding what Rosenstein termed “unfair duplicative…

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