Billions in Fines: Just the Tip of the Iceberg

, New York Law Journal

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Organizations doing business in the United States are well aware that they can be investigated for violating U.S. laws and regulations, that they can be fined for illegal behavior and that their executives can be prosecuted. In recent times, however, a trend has emerged whereby prosecuting authorities are seeking and imposing unprecedented fines, which would have been unimaginable a mere decade ago. A second and even more unsettling trend is that prosecutors are seeking to preclude companies found to have committed criminal activity from doing business in or with the United States. Although "debarment" or "de-listing" has long existed, the perceived willingness of the United States to impose this type of sanction has picked up at an alarming pace.

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