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Clifford Chance

Regulatory Investigations and Financial Crime Insights

DOJ announces policy to discourage law enforcement agencies and regulators from “piling on” penalties

On May 9, 2018, Deputy Attorney General Rod Rosenstein announced that the United States Department of Justice (DOJ) would implement a new policy discouraging regulators and law enforcement agencies engaged in parallel investigations from "piling on" multiple penalties for the same misconduct.

DOJ’s new policy, which has been incorporated into the US Attorney's Manual, encourages coordination between agencies, both among DOJ components and externally with other regulators in the US and around the world, to prevent what Rosenstein characterized as "disproportionate" enforcement of laws and "duplicative" penalties against corporate actors.