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.
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