Going Deep on the Fraud Section’s FCPA Pilot Program (Part One of Three)

The DOJ recently announced several changes to criminal FCPA enforcement that could shake up the anti-corruption space. At a press conference, Leslie R. Caldwell, Assistant Attorney General of the DOJ Criminal Division, explained that the changes represented “enhancements to our FCPA prosecution program in the Fraud Section here at the Criminal Division.” In order to evaluate the impact of these changes, the Anti-Corruption Report spoke with five former DOJ prosecutors who offered extensive analysis on the implications for companies. In this first article in a three-article series about the DOJ’s announcement, we unpack what is happening at the Fraud Section and to what extent it represents a change from previous practice. The second article in the series will examine the areas of uncertainty that remain for companies and how those uncertainties might alter incentives to self-report. The final article will discuss how the Pilot Program might impact companies cooperating witht the DOJ during an investigation. See previously “How Will the Yates Memo Change DOJ Enforcement?” (Part One of Two) (Sep. 23, 2015); Part Two (Oct. 7, 2015).

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