DOJ Pilot Program: A Cap on Cooperation Credit?

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DOJ Seeks to Promote Greater Accountability and Increase Transparency -

Fresh on the heels of the highly publicized guidance on “Individual Accountability for Corporate Wrongdoing” (the “Yates Memo”), the Department of Justice last week announced a “Pilot Program” for FCPA cases handled out of the Fraud Section’s FCPA Unit.2 Launched on April 5, 2016, the Pilot Program is the Criminal Division’s latest – and clearest – step in its ongoing effort to increase law enforcement transparency and accountability.

The Pilot Program represents something of a first for the Fraud Section: companies considering self-reporting potential FCPA violations now know the outer limits of the financial incentives for cooperating with – and without – self disclosure. Specifically, if a fine is sought, companies that meet the Pilot Program’s requirements could receive a reduction of up to 50% off the bottom of the Sentencing Guidelines fine range, rather than a maximum of 25% without self-disclosure. Whether a company self-reports may also affect the disposition of the matter, both in terms of the nature of the resolution and imposition of a monitor.

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