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Live Webinar | Articulating a corporation’s (in)ability to pay penalties

July 3, 2024

Settlement negotiations have produced large, often disconcertingly large, penalties over the years, and moreover in an increasing number of regulatory areas. Internal projections at the start of an investigation rarely are able to capture the final extent of settlements. How does ability to pay (ATP) come into play in negotiations?

A multitude of factors can drive penalties to a level that may be disproportionate to a company’s balance sheet and cashflow forecast. However, there is growing recognition among regulators that massive penalties can have wider negative collateral impact on the broader market, which creates space for credible ATP arguments. These can significantly reduce penalties by 80% or more in some cases.

Register to hear from FRA forensic accountants who have worked with corporations and counsel on headline regulatory settlements around the world.

KEY INSIGHTS

  • How and why do penalties get so high?
  • Where do ATP arguments fall in an investigation lifecycle?
  • What areas of regulation allow ATP arguments?
  • How do you conduct an ATP review?
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