US Department of Justice Refines Incentives for Corporate Disclosure of Potential FCPA Violations

December 01, 2017

Speaking at a conference in Maryland on November 29, 2017, Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“CEP”). This policy builds on the Pilot Program initiated by the Department of Justice (“DOJ”) in April 2016 and renewed in March 2017, and it clarifies and enhances incentives for corporations to disclose potential FCPA violations. Significantly, the policy converts the FCPA Pilot Program’s informal incentives for voluntary disclosure into a “presumption” that the DOJ will decline to prosecute and not impose a monitor for corporations that disclose, cooperate and remediate. The revised enforcement approach is intended to inspire more corporate disclosures and, in turn, enable the DOJ to bring more prosecutions of individual wrongdoers.

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