What is the meaning of the qualifier in the Corporate Leniency Policy that “[w]here possible, the corporation makes restitution to injured parties”?
There is a strong presumption in favor of requiring restitution in leniency situations. Restitution is excused only where, as a practical matter, it is not possible. Examples of situations in which an applicant might be excused from making restitution include situations where the applicant is in bankruptcy and is prohibited by court order from undertaking additional obligations, or where there was only one victim of the conspiracy and it is now defunct. Another example of a situation where the Division will not require the applicant to pay full restitution is if doing so will substantially jeopardize the organization’s continued viability. Paragraph #2(g) of the model letter requires that the applicant make “all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution.” Thus, the applicant must demonstrate to the Division that it has satisfied its obligation to pay restitution before it will be granted final leniency. Restitution is normally resolved throug
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