In a speech delivered at The George Washington University Law School, DOJ Criminal Division Chief Leslie Caldwell reported that the one-year pilot program in the Fraud Section’s FCPA Unit (the “FCPA Pilot Program”) has resulted in an increase in companies self-reporting potential FCPA violations.The FCPA Pilot Program encourages companies to self-disclose potential FCPA violations, cooperate with investigations, and remediate flaws in company controls and compliance programs. Companies that self-disclose and meet the program’s criteria are eligible to receive cooperation credit, including declination.
Caldwell noted that, historically, corporate counsel and practitioners have raised concerns about the lack of transparency in how the DOJ decides when to bring charges or to seek corporate resolutions of FCPA violations. The FCPA Pilot Program is intended to provide guidance to prosecutors for corporate resolutions in FCPA cases and explains the credits available to companies that voluntarily self-disclose and cooperate. Caldwell did not provide precise figures, but reported that the DOJ has seen an “uptick in the number of companies coming in to voluntarily disclose potential FCPA violations.”