For the most part, the DOJ’s new FCPA Corporate Enforcement Policy was a codification of the Pilot Program it announced in 2016, but there were a few significant changes that may – or may not – change the criminal FCPA enforcement landscape. Perhaps the biggest and most important change is the new presumption that a company that self-reports an anti-corruption issue will receive a declination. However, there are exceptions to that presumption that preserve prosecutorial discretion, leaving some practitioners wondering whether this is really a change at all. In this second article in a three-part series, we discuss the implications of the presumption of declination. See “DOJ’s FCPA Corporate Enforcement Policy: What’s New and What’s Not (Part One of Three)
” (Jan. 10, 2018).