Can’t We Just Be Friends? DOJ Incentivizes Corporations (Again) To Become Its Allies
February 15, 2023 | The Insider: White Collar Defense and Securities Enforcement
In the wake of DOJ’s touted reenergized enforcement of the Foreign Corruption Practices Act, the new year began with DOJ dangling perhaps its largest carrot yet to lure corporations worldwide to assist DOJ in investigating them and their employees – not limited to the FCPA arena. DOJ’s latest Corporate Enforcement Policy aims to give more companies additional reasons to disclose misconduct by using increased incentives and opportunities to coax corporations once excluded from the program or lacking prior motivation to cooperate. As part of its continuing evolution designed at fulfilling its promise to “vigorously enforce” foreign bribery cases after a lackluster first two years, the Biden administration is building upon the so-called “Monaco Memo” and other DOJ officials’ public pronouncements.