Episode 15 — The Justice Department’s New FCPA Corporate Enforcement Policy

On November 26, 2017, the Justice Department announced adoption of its new FCPA Corporate Enforcement Policy.  Deputy Attorney General Rod Rosenstein announced the new policy at an FCPA Conference in Washington, D.C.

Under the new policy, corporations that voluntarily disclose potential FCPA violations, fully cooperate with the investigation and implement timely and appropriate remediation will earn a presumptive declination, subject to the absence of aggravating factors.  If the company does not earn the declination, presumably because of the presence of one or more aggravating factors, the company can still earn a 50 percent reduction from the lower end of the US Sentencing Guidelines range and will probably avoid the imposition of a corporate monitor.

In this episode, Michael Volkov reviews the new enforcement policy and provides his insight on the impact of the Justice Department’s new program.

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