The path to DOJ cooperation credit: Analyzing recent FCPA cases
By 
Aaron Nicodemus2024-02-20T14:55:00
The Department of Justice (DOJ) has made voluntary self-disclosure of violations of the Foreign Corrupt Practices Act (FCPA) a point of emphasis in its description of mitigating factors affecting sentencing guidelines.
In January 2023, then-Assistant Attorney General Kenneth Polite Jr. unveiled new incentives to encourage companies to voluntarily self-report violations of the FCPA.
Under the agency’s revised corporate enforcement policy (CEP), it now considers reducing fines for criminal resolutions by 50-75 percent on the low end of U.S. sentencing guidelines for companies that self-disclose FCPA violations, cooperate with investigators, and remediate the misconduct.
THIS IS MEMBERS-ONLY CONTENT
You are not logged in and do not have access to members-only content.
If you are already a registered user or a member, SIGN IN now.
Related articles
-
ArticleDOJ wants less monitoring, more self-disclosure and fine reductions, Galeotti says
The Criminal Division of the Department of Justice, continuing its aggressive, pro-business stance, has revamped key, white-collar crime enforcement policies, including clarifying fine reductions in its self-disclosure program and curbing its use of monitorships.
-
News BriefBIT Mining changes business model, pays $10M fine to resolve FCPA violations
A publicly traded cryptocurrency mining company will pay $10 million and completely change its business model to one with “lower corruption risk” as part of a settlement over violations of the Foreign Corrupt Practices Act (FCPA), two regulators announced.
-
News BriefMilliporeSigma’s ‘extraordinary cooperation’ earns it DOJ declination
The Department of Justice declined to prosecute Massachusetts-based biochemical company MilliporeSigma for its “extraordinary cooperation” in uncovering a “rogue” employee’s scheme to procure and ship discounted products to China using falsified export documents.
More from Regulatory Enforcement
-
ArticleCMA holds companies responsible for false claims, fake reviews ‘throughout supply chain’
Companies face large fines if they spread false marketing claims or fake reviews about their products and services—as well as those by suppliers—under a toughened competition regime in the U.K. aimed at enhancing consumer protection.
-
ArticleFTC warns VISA and other processors that company policies may lead to debanking
Visa, Mastercard, PayPal, and Stripe have received letters from the Federal Trade Commission, warning the companies to end any policies or terms of service that may result in the “debanking” of customers.
-
ArticleDOJ makes good on corporate-friendly enforcement policy with Balt resolution
The ink was barely dry on the U.S. Department of Justice’s new corporate enforcement policy (CEP) when the agency announced it would not prosecute Balt SAS for alleged bribery violations.