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Lessons from the FCPA corporate enforcement policy

Sarah Walters | January 17, 2018

Following an 18-month “pilot program” designed to incentivize corporate self-disclosure of potential Foreign Corrupt Practice Act violations, the Department of Justice in November announced the adoption of a formal FCPA Corporate Enforcement Policy incorporating, and expanding on, the guidelines from the pilot.

The corporate enforcement policy creates a presumption that a company that voluntarily self-discloses a violation, fully cooperates with the investigation, and remediates will receive a declination absent enumerated aggravating circumstances.  The policy further provides that, if a fine is deemed warranted, the Department of Justice will recommend a 50 percent reduction off the low end of the sentencing guidelines and “generally” will not require appointment of a compliance monitor in self-disclosure cases.

Moreover, the corporate enforcement policy was enacted following 18 months of real-world experiences, providing companies valuable lessons...

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