U.S. Justice Department Fraud Section Issues FCPA Guidance

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Author: 

Bruce Zagaris

Date Published: 

Friday, April 22, 2016

Volume: 

32

Issue: 

4

Subject Areas: 

Adjective Enforcement
Administration of Justice
Compliance
Corruption
Crimes
Criminal Procedure/Proceedings
Data Privacy
Data Sharing
Disclosure
Due Diligence
Evidence Gathering
Evidence Sharing
Financial Crimes
Financial Enforcement
Financial Supervision
Foreign Corrupt Practices Act
Information Exchange
Inspection
Investigation
Law Enforcement
Oversight
Penalties
Policy/Directives
Settlement
Training
Transparency

Geographic Identifier: 

United States

Abstract: 

On April 5, 2016, Assistant Attorney General (AAG) Leslie Caldwell announced a new “FCPA pilot program” intended to motivate businesses to voluntarily self-disclose FCPA-related conduct.   A newly released policy document authored by Fraud Section Chief Andrew Weissman is entitled “The Fraud Section’s Foreign Corrupt Practices Act Enforcement Plan and Guidance” (the “Guidance”).  The Guidance explains that, during a one-year pilot period effective April 5, 2016, companies that voluntarily disclose improper conduct to the Fraud Section’s FCPA unit, fully cooperate in accordance with the Principles of Federal prosecution of Business Organizations and the Yates Memo, appropriate remediate, and meet the “stringent requirements of the pilot program, may obtain up to a 50% reduction off the bottom of the Sentencing Guidelines fine range.”