FCPA Corporate Enforcement Policy: Pilot Program Redux
By Ryan Rohlfsen, Sarah Kimmer and Daniel FlahertyMarch 1, 2018, 12:15 PM EST
Law360 (March 1, 2018, 12:15 PM EST) -- In March 2017, the U.S. Department of Justice extended the 2016 Foreign Corrupt Practices Act pilot program, pending a review of its “utility and efficacy.” On Nov. 29, 2017, Deputy Attorney General Rod Rosenstein announced a revised FCPA corporate enforcement policy, which included three “enhancements” over the pilot program.
This article evaluates the potential effect of the revised policy’s enhancements by charting their departure from the pilot program and analyzing how criminal resolutions during the pilot program might have come out under the revised policy. Although...