DOJ Issues Guidance on Ability-to-Pay in False Claims Act Cases

On October 8, 2019, Assistant Attorney General Brian Benczkowski announced new guidance for federal prosecutors evaluating whether a corporation is unable to pay a proposed monetary penalty or fine, entitled “Evaluating a Business Organization’s Ability to Pay a Criminal Fine or Criminal Monetary Penalty.”  This guidance, issued as part of DOJ’s initiative to provide increased transparency in corporate enforcement actions, joins previously issued guidance on compliance programs and monitorships.