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DOJ Publishes FCPA Declination on Cross-Border Bribery Investigation

By Francesca Titus & Elissa Baur on March 31, 2022
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Without fanfare, DOJ recently published a “declination and disgorgement letter,” the first FCPA declination published by the Department since August 2020.

As disclosed in the letter, DOJ has declined to prosecute Jardine Lloyd Thompson Group Holdings Ltd., formerly Jardine Lloyd Thompson Group plc (“JLT”), “despite bribery committed by an employee and agents of the Company and its subsidiaries.”  JLT was a UK-based multinational insurance company headquartered in London, England, and was acquired by Marsh & McLennan Companies, Inc. in 2019.   It was investigated in connection with bribes paid to Ecuadorian government officials to secure contracts from a state-owned surety company.

The stated reasons for DOJ’s declination include:

  • JLT’s voluntary self-disclosure of the misconduct;
  • JLT’s cooperation in the form of providing  all known relevant facts about the misconduct, including information about the individuals involved in the conduct;
  • JLT’s separation from the executive and third-party intermediary company involved in the misconduct; and
  • JLT’s agreement to disgorge the full amount of its ill-gotten gains.

JLT will disgorge $29,081,951.00 USD, which the Department agreed to credit completely against a payment that will be made to the UK’s Serious Fraud Office (“the SFO”).  The SFO has yet to publish any details on its side of the resolution.

The fact that JLT achieved a declination in the current enforcement environment is noteworthy, as public remarks by Department personnel as well as the lack of declinations in the last 18 months, had at least implicitly called into question the continuing viability of the FCPA Corporate Enforcement Program.  On the other hand, that the declination was released without any accompanying publicity could be read as a sign that the Department continues to wrestle with whether declination in the face of clear wrongdoing is consistent with the broader aims of its corporate enforcement efforts.

If you have further questions about this article, or the capabilities of our Anti-Bribery and Anti-Corruption practice, please contact the authors of this article.


About McGuireWoods’ Government Investigations & White Collar Litigation Department
McGuireWoods’ Government Investigations & White Collar Litigation Department is a nationally recognized team of more than 80 attorneys representing Fortune 100 and other companies and individuals in civil and criminal investigations and enforcement matters at the federal and state level. The senior team consists of former federal officials, including a former deputy attorney general of the United States, former U.S. attorneys, more than a dozen federal prosecutors and an associate counsel to the president of the United States. Strategically centered in Washington, our Government Investigations & White Collar Litigation Department is recognized as an elite practice, most recently honored by Chambers USA with a highly regarded nationwide ranking for Corporate Crime & Investigations, honored twice as a White Collar Practice Group of the Year by Law360 and consistently ranked among the world’s leading investigations firms in the Global Investigations Review 100 guide to top cross-border investigations practices. The Legal 500 United States, a premier list of the country’s best law firms, also commended McGuireWoods for the “exceptional quality” of its powerhouse white collar litigation practice.

Photo of Francesca Titus Francesca Titus

Francesca represents companies and individuals in complex, high value, multi-jurisdictional white collar crime litigation. An experienced barrister, she has defended clients in over one hundred jury trials, and appeared as advocate in the Court of Appeal (Criminal Division). Francesca advises business leaders at…

Francesca represents companies and individuals in complex, high value, multi-jurisdictional white collar crime litigation. An experienced barrister, she has defended clients in over one hundred jury trials, and appeared as advocate in the Court of Appeal (Criminal Division). Francesca advises business leaders at times of crisis when they are caught up in high profile investigations or prosecutions conducted by the Serious Fraud Office, His Majesty’s Revenue and Customs, the Financial Conduct Authority, the National Crime Agency or the Crown Prosecution Service.

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Photo of Elissa Baur Elissa Baur

Elissa focuses her practice on white collar and antitrust criminal defense matters, including internal investigations, litigation, and regulatory enforcement actions. She has defended clients in numerous government investigations before the Department of Justice, United States Office of Special Counsel, Securities & Exchange Commission…

Elissa focuses her practice on white collar and antitrust criminal defense matters, including internal investigations, litigation, and regulatory enforcement actions. She has defended clients in numerous government investigations before the Department of Justice, United States Office of Special Counsel, Securities & Exchange Commission, Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”), Office of the Comptroller of Currency, and Federal Reserve Board, among others.

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  • Posted in:
    Corporate Governance and Compliance, Government and Public Policy
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    Subject to Inquiry
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