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DOJ May Grant Declinations to Companies that Voluntarily Self-Disclose FCPA Violations by Senior Executives

National Law Review

In this article, Joseph Rillotta, along with his colleague at Faegre Drinker Biddle & Reath, argues that recent guidance by the Fraud Section of the Department of Justice (DOJ) suggests that the DOJ may be modifying its stance regarding companies that voluntarily self-disclose violations of the Foreign Corrupt Practices Act (FCPA) by high-level corporate executives. Specifically, the DOJ's decision to decline cases involving Insurance Corporation of Barbados Limited (ICBL) and Cognizant Technology Solutions Corporation (Cognizant) appear to signal that the DOJ is exercising more discretion not to charge companies for the crimes of senior management than might otherwise be expected under the terms of the DOJ's FCPA Corporate Enforcement Policy. This article reviews these cases and potential lessons from the ICBL and Cognizant declinations.