Matthew Reinhard was quoted regarding increased FCPA enforcement and what companies should do to avoid Department of Justice (DOJ) actions. Reinhard said that stricter enforcement trends demand more of companies' attention, particularly in light of both skyrocketing settlements and the DOJ's renewed focus on prosecuting individuals. These days, when FCPA allegations are most often resolved by Deferred Prosecution Agreements (DPAs) or Non-Prosecution Agreements (NPAs), for a company to be deemed by the DOJ as "cooperating" is very important for the purpose of prosecuting individuals, Reinhard said. In the past few years, "the DOJ has been very clear that to get cooperative credit, [it] needs the company to help with the prosecution of the individuals within the company that were responsible," he added.
Against a backdrop of low-probability, high-stakes FCPA enforcement, Reinhard suggests companies adopt "a unitary corporate policy if at all possible for both administrative and legal reasons," in order to protect themselves. A unitary policy is administratively simple and helps avoid problems caused by personnel moving to a location whose laws are different from those in their former location, but continuing to follow the company’s policy for their former location, he said.