Grading The DOJs FCPA Pilot Program

first_imgBloomberg BNA’s White Collar Crime Report published my recent article “Grading the DOJ’s FCPA Pilot Program.”The article can be downloaded here for free.Do go read the article.This is not the first took I took out my red pen to grade a DOJ FCPA policy announcement. See here for my 2012 article “Grading the Foreign Corrupt Practices Act Guidance.”The passage of time has demonstrated many of the points highlighted in the 2012 article.Certain of the selective information, half-truths, and information that was demonstratively false in the Guidance were exposed by a federal court (i.e. the Hoskins case) and despite the Guidance much about FCPA enforcement remained opaque and the DOJ/SEC did not create the best positive incentives for business organizations (the DOJ’s recent announcement of a pilot program is a recognition of this).last_img