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For leniency, confess all crimes

Tom Fox | September 5, 2017

The JBS meat-packing corruption scandal continues to resonate and, unfortunately, not for the better. In May, the company agreed to pay a $3.2 billion fine for its extensive history of bribing politicians in Brazil. The principals of the company who escaped prosecution through their cooperation with Brazilian authorities and received a leniency agreement in exchange for full disclosure of their crimes may not yet be out of hot water.

In Brazil, as is the case in the United States with the FCPA, if a defendant or non-charged party wants a chance at leniency, they must cooperate fully with the authorities, which includes providing all evidence of criminal conduct. This requirement is further enshrined in every settlement agreement with the U.S. government that specifically carves out crimes not disclosed or that may later come to light. In the...

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