The Department of Justice (DOJ) is incentivizing companies to self-disclose violations of the Foreign Corrupt Practices Act (FCPA). On April 5, the head of DOJ’s Criminal Division, Assistant Attorney General Leslie Caldwell, announced a one-year pilot program intended to encourage voluntary disclosures of corporate wrong-doing. The guidance, entitled “The Fraud Section’s Foreign Corrupt Practices Act Enforcement Plan and Guidance,” lays out the parameters. According to this guidance, if a company meets specific requirements regarding self-disclosure, cooperation, and timely remediation, it could receive benefits such as penalty reductions. However, the guidance’s language is qualified with numerous caveats, creating significant uncertainty as to whether benefits will follow concessions. DOJ’s aim is to spur voluntary disclosure, but it remains to be seen whether the agency is prepared to provide the full benefit of the bargain in return. For a detailed analysis of the new program, click here.
