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Abstract: 

The 39th International Conference on the Foreign Corrupt Practices Act (“FCPA”) took place in Washington, DC from November 29 to December 1, 2022. Several weeks prior to the conference, Lisa Monaco, the Deputy Attorney General (“DAG”) for the United States Department of Justice (“DOJ”), announced several major changes to DOJ’s corporate enforcement policies that will impact the way DOJ will investigate and resolve FCPA cases and other types of criminal cases involving corporate misconduct. One policy change is that DOJ will no longer seek guilty pleas — absent aggravating factors — from companies that do the following: (1) voluntarily self-disclose corporate misconduct; (2) fully cooperate with the investigation; and (3) fully remediate the root cause of the criminal conduct through an effective compliance program. During the conference, several panels made up of government officials, compliance officers, general counsels, and legal practitioners discussed the history and implications of DOJ’s voluntary self-disclosure policy and what it means moving forward. This article addresses these subjects.

Keywords: : FCPA Corporate Enforcement; Risks and Benefits of Voluntary Self-Disclosures

Affiliations:  1: Morgan, Lewis & Bockius LLP.