FCPA Declinations - How to Maximize Your Chance to Get a Pass When a Corruption Problem Occurs
By NATHANIEL EDMONDS, PALMINA M. FAVA, & MORGAN J. MILLER
Given the reality of international business world today, even the most ethical companies will inevitably face the prospect of an improper payment being made within their organization. The inevitable result, however, does not have to be a multi-year investigation followed by massive criminal penalties. Companies that can demonstrate a truly proactive approach to anti-corruption compliance, both before a problem arises and after an allegation is received, can do much to help themselves in order to obtain the real golden carrot – the much-desired “declination” from the U.S. Department of Justice and similar treatment from the Securities and Exchange Commission.