DOJ provided guidance for prosecutors evaluating
claims from a business organization that it is unable to pay a
proposed fine or penalty, despite agreeing that the amount is
otherwise appropriate to settle the matter.
According to the memorandum by Assistant Attorney General Brian
Benczkowski, when settling a corporate criminal case, prosecutors
must evaluate a business organization's claim of being unable
to pay a fine by considering (i) certain statutory sentencing
factors and (ii) the DOJ Manual's principles on collateral
consequences. He added that a business organization is responsible
for establishing an inability to pay, and must make company
personnel available for interviews.
