Deputy Attorney General Rod Rosenstein announced on Nov. 29 that the Department of Justice Foreign Corrupt Practices Act “Pilot Program,” which was introduced in 2016, will be made permanent. The program establishes a presumption of a declination of prosecution if a corporation timely and voluntarily discloses alleged corrupt conduct, fully cooperates with the Department of Justice, engages in timely and appropriate remediation, and does not otherwise present with any aggravating circumstances. Contrary to prior practice, however, the policy also suggests that such declinations would be accompanied by public pronouncements of the company’s alleged wrongful conduct, notwithstanding the declination.
George Terwilliger and John Richter will be joining us for this Teleforum to discuss the following elements surrounding this announcement: the disclosure dilemma and how the policy affects it, the fine print to consider before rushing into disclosure, how FCPA prosecutors may define “repeat offenders,” thereby disqualifying a company from voluntary disclosure benefits, and the implications of a policy encouraging public pronouncements of wrong doing based on a declination of uncharged and unproved conduct.
John C. Richter, Partner, King & Spalding
Hon. George J. Terwilliger, III, Partner, McGuireWoods LLP
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