USDOJ to Coordinate FCPA Enforcement With Foreign Law Enforcement Agencies


New FCPA Enforcement Policy

Pursuant to the new policy, U.S. Department of Justice prosecutors are expected to coordinate with foreign law enforcement authorities in connection with Foreign Corrupt Practices Act (FCPA) and related anti-corruption investigations and enforcement actions. Importantly, the new DOJ policy encourages cooperation with non-U.S. enforcement agencies to achieve an “overall equitable result” in cases involving the same misconduct. Under the new policy, such cooperation would include, among other things, crediting and apportionment of financial fines, forfeitures, and penalties and “other means of avoiding disproportionate punishment.” However, while the new policy is intended to spare companies from accumulating multiple penalties from various U.S. and foreign government agencies, “[c]ooperating with a different agency or a foreign government is not a substitute for cooperating with the Department of Justice.”

Source: David Grossman, Fabio Leonardi,William M. Sullivan, Jr | Pillsbury Winthrop Shaw Pittman LLP - JDSupra