Ex-DOJ Criminal Chief Sees Red Flags In FCPA Pilot

Law360, New York (October 26, 2016, 2:44 PM EDT) -- The former head of the U.S. Department of Justice’s Criminal Division said Wednesday that a requirement under a pilot Foreign Corrupt Practices Act disclosure program forcing companies to step back from conducting their own investigations raises serious concerns.

Lanny A. Breuer, now the vice chair of powerhouse firm Covington & Burling LLP, said the Justice Department’s FCPA pilot program makes “an extraordinary request” by mandating that companies seeking to have the government decline to bring a corruption case must “deconflict” and halt their own internal investigations of potential violations.

By making that request, prosecutors are preventing companies that have self-disclosed a...

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