In white-collar criminal enforcement, the final months of the Obama administration were marked by a series of high-profile resolutions of Foreign Corrupt Practices Act (FCPA) investigations conducted by the Department of Justice (DOJ). This enforcement activity grew out of increased resources and attention devoted to foreign bribery allegations in recent years as well as an initiative by the DOJ in 2016 to encourage corporate cooperation and voluntary disclosure.
We begin with a brief description of DOJ policy, notably the FCPA “Pilot Program” announced in April 2016, and then discuss several aspects of recent FCPA resolutions. A look at these resolutions allows for a partial assessment of DOJ’s enforcement efforts and gives clues as to how enforcement may proceed in the new Trump administration.
Pilot Program and DOJ Activity
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