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What Recent DOJ Corporate Enforcement Actions Mean for Cooperating Companies

BNA Corporate Accountability Report

In this article, Ann Sultan reviews practical implications for companies interacting with the Department of Justice (DOJ) in connection with potential violations of the Foreign Corrupt Practices Act (FCPA) after the publication of the Yates Memorandum and the Fraud Section's FCPA Enforcement Plan and Guidance (also known as the "Pilot Program"). Sultan examines the declination letters, deferred and non-prosecution agreements released since the Pilot Program's launch to determine what the cooperation expectations are for companies with regard to individuals and what benefits companies can anticipate if they cooperate with the DOJ. "The DOJ has signaled that the disclosure of information obtained from individuals in internal investigations as well as a commitment to cooperate in the prosecution of individuals abroad is important," Sultan said.