FCPA Self-Reporting Program Makes Headway

March 13, 2019

The Department of Justice has publicized at least 12 Foreign Corrupt Practices Act (FCPA) cases in which prosecutors have declined to charge companies who self-reported wrongdoing, the Wall Street Journal reports.

These decisions demonstrate the impact of the FCPA compliance policy that the DOJ implemented in 2017. The policy incentivizes strong corporate compliance programs and cooperation with government investigators by taking these factors into account when the DOJ makes decisions about whether and to what extent to prosecute companies over FCPA violations. Ephraim Wernick, assistant chief of the Justice Department’s FCPA unit, highlighted the recent example of a technology company that avoided criminal charges under the FCPA by quickly and proactively disclosing possible misconduct by two executives allegedly involved in illicit payment schemes in India.