SEC and DOJ Pass on Criminal FCPA Charges, First Time Under New Policy

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April 27, 2018

For the first time under the new enforcement policy, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) passed on criminal charges against a company that self-reported Foreign Corrupt Practices Act violations, the Wall Street Journal reports.

The agencies said Dun & Bradstreet voluntarily reported the violations, cooperated with the investigation, and worked to improve its compliance program after it learned that two subsidiaries made improper payments in China. The company will still pay $9.2 million in penalties to the SEC and has dismissed 11 employees. 

This is the first time the DOJ declined to bring criminal charges since the agency changed its enforcement policy. Deputy Attorney General Rod Rosenstein said in November that the new policy includes a “presumption” that prosecutors won’t bring criminal charges if companies self-report violations and cooperate with investigators.