International Regulatory Enforcement (PHIRE)
DOJ May Rely on FCPA Policy in Resolving Securities and Financial Fraud Cases
By Investigations and White Collar Defense Group
On March 1, 2018, senior DOJ representatives stated that the DOJ will use the Foreign Corrupt Practices Act Corporate Enforcement Policy as nonbinding guidance in non-FCPA criminal cases. This potential shift in approach could impact a corporation's determination as to whether, and how, to cooperate with the DOJ in criminal fraud investigations.
The DOJ FCPA Policy may be applied to non-FCPA cases, which could signal a shift in approach for DOJ resolutions.
A potential shift in DOJ approach to resolutions may impact the calculus for decisions to self-report.