Weigh the ability to pay criminal fines amid the FCPA crackdown

By Rachel Berk, Matthew Rutter and Christopher Gerardi (May 27, 2021, 3:41 p.m. EDT) – With an expected increase in enforcement under the Biden administration and the recent passage of the National Defense Authorization Act for fiscal 2021,[1] organizations can face criminal fines or other monetary penalties that could, in essence, break the bank. Organizations could become unsustainable, unable to pay compensation to victims, or be forced to carry out layoffs.

The explicit grant of authority and the extension of the statute of limitations from five to 10 years for certain scientist-based violations in a federal district court are built into the NDAA.[2] While the 2020 United States Supreme Court decision in Liu v. United States…

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