On 29 November 2017, Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the "Policy"), which represented a formalization, and extension, of the "FCPA Pilot Program" rolled out eighteen months earlier. The Policy cements the practice of rewarding companies that voluntarily disclose FCPA violations, fully cooperate with the government's investigation and remediate internal policies and conduct to prevent future wrongdoing. Mr. Rosenstein stated that he expects the Policy to "increase the volume of voluntary disclosures, and enhance [the Department of Justice's] ability to identify and punish culpable individuals." Acknowledging that the Department of Justice's (DOJ) internal policies do not create private rights and are not enforceable in court, Mr. Rosenstein reiterated that the program is intended to promote consistency by the DOJ's attorneys.
Mr. Rosenstein's remarks—and the recent history of corporate FCPA enforcement that he highlighted—are intended to provide additional motivation for corporations that uncover wrongdoing to disclose what they learn to the DOJ and remediate. Until more facts are known about the DOJ's approach across a broader range of cases, the effect of the Policy remains to be seen.
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