Inability to pay considerations in bribery and corruption matters

May 27, 2021
calculator with money

In this Law360 article, Rachel Berk, Matthew Rutter, and Christopher Gerardi discuss the expected uptick in enforcement under the Biden administration and the recent passage of the National Defense Authorization Act for fiscal year 2021, and their impacts on organizations possibly facing criminal fines or other monetary penalties. Organizations could become unviable, unable to pay restitution to victims or be forced to initiate employee layoffs.


Combined with the economic fallout from the coronavirus pandemic, this may make an organization’s inability to pay criminal fines or other monetary penalties a more prominent aspect of resolutions of Foreign Corrupt Practices Act violations, if not a fixture in such cases where extended disgorgement is sought.