Grading the DOJ's 'FCPA Corporate Enforcement Policy'

Abstract

In November 2017, the Department of Justice issued a policy document titled "FCPA Corporate Enforcement Policy." Like previous DOJ FCPA efforts, the policy is "aimed at providing additional benefits to companies based on their corporate behavior once they learn of misconduct."

This article grades the Corporate Enforcement Policy (CEP) and highlights the following issues: (i) the obvious logical gap in the CEP; (ii) how the CEP, both in terms of rhetoric and substance, is really nothing new; (iii) ten specific reasons why the corporate community should take the CEP with a grain of salt; and (iv) how the CEP falls short of accomplishing the laudable goals articulated by the DOJ compared to other alternatives previously advanced.

Keywords: FCPA, Foreign Corrupt Practices Act, Department of Justice