FCPA Pilot Program Sheds New Light on the Value of Self-Disclosure
On 5 April, the DOJ issued a Pilot Program that provides its latest answer to a critical question in FCPA practice: What benefits does a company receive for self-reporting potential FCPA violations? As explained below, companies and their counsel will still need to evaluate carefully whether DOJ’s answer is compelling. But the Department has now elaborated on its recent pronouncements and made a fresh effort to encourage corporate disclosures that facilitate individual prosecutions. The Pilot Program is applicable to organizations that voluntarily self-disclose or cooperate in FCPA matters during the next year. The Pilot Program will be re-evaluated and may be made permanent after this initial trial period.