As more organizations initiate settlement talks with regulators amidst the COVID-19 pandemic, they might consider raising an inability-to-pay claim to reduce significant fines.

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Successful inability-to-pay claims have been on the rise over the past few years, particularly after the U.S. Department of Justice’s Criminal Division issued a memorandum in 2019 providing guidance for prosecutors to follow when corporations raise inability-to-pay claims.

In Law360, StoneTurn’s Shari Schindler and Ryan Rohlfsen and Jordan Harvey of Ropes & Gray explain why documentation is key to reaching a reduced settlement with regulators. They also provide guidance on establishing a successful inability-to-pay claim in the COVID-19 era.

Read the article.

About the Authors

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Shari Schindler

Shari Schindler, a Partner with StoneTurn, brings over 30 years of experience in serving as a financial expert in corruption and white-collar criminal cases, as well as multi-jurisdictional business disputes. […]

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