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DOJ Announces New FCPA Corporate Enforcement Policy at Annual Conference

Deputy Attorney General Rod J. Rosenstein today announced a revised FCPA Corporate Enforcement Policy. The new policy, announced at the 34th International Conference on the Foreign Corrupt Practices Act, is designed to provide greater visibility into the enforcement decision-making process so that companies can make decisions that promote ethical behavior and the rule of law. In doing so, Rosenstein seeks to foster a compliance-focused partnership between companies and regulators. Overall, the new policy is not intended to provide a type of immunity for companies, but is instead designed to promote the efficient remediation of harm. The new policy includes the following key components:

In cases where a company meets the requirements of voluntary self-disclosure, full cooperation, and timely and appropriate remediation, it is presumed  that the case will be resolved through a declination. This presumption may be overcome only if there are aggravating circumstances surrounding the offense or criminal recidivism.  

In cases where a company meets the standards of voluntary disclosure and all other requirements, but aggravating circumstances exist that compel an enforcement action, the Department of Justice will recommend a 50 percent reduction off the low end of the fine range in the Sentencing Guidelines. If the offender is a criminal recidivist, it may not be eligible for this reduction.

Finally, the revised policy details how the Department of Justice evaluates a company’s compliance program and specifies elements of an effective program, such as developing a culture of compliance, committing resources to compliance activities and ensuring that compliance personnel have appropriate access to corporate management.

Rosenstein’s full remarks can be read here. If you have any questions regarding the new FCPA Corporate Enforcement Policy, please contact Tiff Moseley, Esq., at tmoseley@loeb.com or 202.618.5032.