Using the FCPA Pilot Program’s Remediation Requirements to Build a Best-in-Class Compliance Program

The DOJ’s new pilot program, announced in April 2016, is designed to encourage companies to voluntarily self-disclose FCPA-related misconduct. Although the pilot program provides some greater clarity on the specific benefits that companies can receive through cooperation, the program’s guidance largely re-articulates much of what has already been known to FCPA practitioners – that self-disclosure, cooperation and remediation will be important factors determining an appropriate disposition for FCPA violations. But the program’s guidance under its “remediation” requirements is worth a closer look. In a guest article, Bill Jordan and Ted Kang, partners, and Kristen Kuan, an associate at Alston & Bird, draw on their experience interacting with the DOJ to detail how a company can use the new remediation requirements as well as other “best practice” guidance to build a best-in-class compliance program. See “DOJ Compliance Counsel Hui Chen Is on the Job and Looking for Key Aspects of Strong Compliance Programs” (Nov. 18, 2015).

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