Why DOJ Struggles To Convict Individuals In FCPA Cases

Law360, New York (September 8, 2015, 10:32 AM EDT) -- Brian Whisler

Trevor McFadden When senior government prosecutors discuss their white collar enforcement priorities, prosecuting individuals frequently tops their list. The U.S. Department of Justice’s head of the Criminal Division recently said that there has been an “increased emphasis” on individual prosecutions, and her deputy has suggested that corporations seeking cooperation credit in settlement negotiations should come to the table with a list of the guilty individuals and evidence of their wrongdoing. This focus is understandable, given criticism from lawmakers, judges and commentators for a pattern of massive corporate settlements relating to widespread malfeasance but that often fail to result in...

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