DOJ Rolls Back Ban On Disappearing Messages

Law360 (March 11, 2019, 10:46 PM EDT) -- The U.S. Department of Justice jettisoned a policy that required companies to internally ban disappearing messaging services such as WhatsApp when seeking to avoid bribery charges, and will instead now require companies to put in place controls on such communication methods.

The change was among tweaks the DOJ made to its Foreign Corrupt Practices Act corporate enforcement policy on Friday. Under the policy, the DOJ promises to generally decline to bring FCPA charges against companies that tick certain boxes, including self-reporting the suspected bribes, cooperating with prosecutors and remediating the problem via a compliance program.

While generally welcomed by the corporate...

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