House Judiciary Committee FCPA Hearing: An Opportunity for Greater Information

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I believe that there is one further step the DOJ can take which would greatly benefit companies and assist the DOJ in its goal to reduce corruption. That step would be to release information on the cases where the DOJ declines to prosecute. For all of the cases that the DOJ brings prosecutions, there are many more where it declines to do so, however, the reasons for such declination are not made public. I understand that companies which receive such declinations would not desire to have information published that they were even under investigation. Nevertheless there should be some mechanism by which the names of the parties, or other identifying information, can be scrubbed so that those of us in the compliance world would have specific information on factors which go into the DOJ’s decision making process on whether to prosecute or more importantly decline to prosecute.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Fox, Compliance Evangelist | Attorney Advertising

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