What is ‘Extraordinary Cooperation’ in an FCPA Enforcement Action?

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As a general rule, Cobb noted that ‘extraordinary cooperation’ will not be the definition given by the company but by the DOJ. This is an important discussion to have with your client very early on to set a proper expectation. A company must be credible at all times, it cannot selectively report facts but must report both good and bad facts to the DOJ. Lastly, each matter is a separate negotiation and must stand on its own feet. He said that a company does not have to completely roll over to every request made by the DOJ as there can and should be negotiations by investigative or other specialized counsel who interact with the DOJ throughout the process.

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