U.S Deputy Attorney General Rod Rosenstein recently announced the Department of Justice’s revised corporate enforcement policy for the Foreign Corrupt Practices Act. The revised policy is based on an FCPA pilot program (in place since April 2016), which provided mitigation credit for voluntary reporting of wrongdoing and specified levels of cooperation and remediation in connection with the resulting investigation.
Much has been made about the new policy provisions that create a presumption of DOJ declination and specify percentage reductions from the U.S. sentencing guidelines in the event that a company self-discloses, cooperates and/or remediates in accordance with specified policy requirements. Certainly, these provisions significantly further the shift toward encouraging company cooperation, as well as continue the focus on holding individuals accountable, and deserve careful attention. Continue Reading