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Grading the DOJ's 'FCPA Corporate Enforcement Policy'

12 Bloomberg Law White Collar Crime Report 1051 (2017)

8 Pages Posted: 27 Dec 2017  

Mike Koehler

Southern Illinois University School of Law

Date Written: December 20, 2017

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

Suggested Citation

Koehler, Mike, Grading the DOJ's 'FCPA Corporate Enforcement Policy' (December 20, 2017). 12 Bloomberg Law White Collar Crime Report 1051 (2017). Available at SSRN: https://ssrn.com/abstract=3091110

Mike Koehler (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

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