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DOJ Increasingly Pursuing Monetary and Non-Monetary Relief in Civil Enforcement Actions

Westlaw Journal

Andrew W. Schilling

In a significant but largely overlooked development, the Department of Justice recently signaled that it would increasingly pursue “innovative, non-monetary measures” when settling civil fraud cases. In addressing the American Bar Association June 7, Stuart F. Delery, acting assistant attorney general, said DOJ expects cases in which “obtaining only a monetary recovery will not adequately redress the wrong.”

Responding specifically to the charge that qui tam lawsuits represent merely a “cost of doing business” and that qui tam settlements could be viewed as just another “regulatory burden,” Delery said DOJ’s civil fraud settlements will increasingly include “non-monetary remedies and other measures to help prospectively reduce fraud.”

Published in Westlaw Journal: White-Collar Crime, reprinted with permission.

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