For Individual FCPA Defendants, Providing Substantive Assistance Can Lead Directly to Downward Departures in Sentencing

To what extent should an individual faced with an FCPA indictment cooperate with the government?  It’s a threshold question for individual FCPA defendants, potential defendants and their counsel.  Recent settlements with two former executives of BizJet, and charges recently unsealed against two other former executives of BizJet, illustrate the degree to which an individual’s cooperation with the government can affect the outcome of his or her FCPA case.  BizJet settled company-level FCPA charges last year for $11.2 million.  See “Shearman & Sterling Report Identifies Trends in FCPA Enforcement,” The FCPA Report, Vol. 1, No. 5 (Aug. 8, 2012).  This article summarizes the case against the BizJet executives, and distills lessons from the sentences.  See also “How Can Individual Defendants Use Strategic Cooperation to Mitigate FCPA Sentences?,” The FCPA Report, Vol. 2, No. 4 (Feb. 20, 2013).

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