Corporate Enforcement Policy Revisions Series

DOJ’s Revised Corporate Enforcement Policy, commented upon in 2023 by Assistant Attorney General Kenneth Polite, Jr., invited not just corporations that voluntarily self-report, cooperate and remediate, but also recidivists, to try and make a deal over FCPA violations. We examined this development, seeming a shift from an earlier warning by Deputy Attorney General Lisa Monaco that the DOJ would not be hesitant in pursuing recidivists. With the threshold for making a deal, particularly for getting a declination, set ever higher, some might wonder whether self-reporting – and the consequences such an act triggers – ultimately will be worth the effort. With seemingly greater incentives in place, will corporations rush to self-disclose more serious offenses now? In the first part of this two-part article series, we looked at the changes and the possible effect on self-reporting, as well as how these revisions fit in with Department initiatives. In the second part, we took a closer look at aggravating factors, immediate self-disclosure and extraordinary cooperation, and discussed whether nondisclosure was still an option.

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