In this podcast, Marc Bohn and James Tillen from the firm of Miller & Chevalier, discuss their recent publication entitled, “Evaluating FCPA Pilot Program: Declinations on the Rise” where they review the state of Department of Justice’s Foreign Corrupt Practices Act  declinations after one year of the agency’s enforcement Pilot Program, which sought to promote greater accountability for companies and individuals who violate the FCPA, while rewarding those who voluntarily self-disclose violations and cooperate with investigations and remediation efforts. They discuss the following issues:

  1. Do the numbers show any increase in declinations in 2016 over the past few years?
  2. What are the conditions to obtain a declination? Is any one as more important or are they of equal importance?
  3. Is there any reason not to publicize all declinations?
  4. They discuss how SEC enforcement is a factor in DOJ calculus in determining whether or not to grant a declination.
  5. In 2016 there were two declinations which involved privately held companies and hence no SEC prosecution. They explain how the DOJ got to profit disgorgement.
  6. They prognosticate the tea leaves, on what might be the fate of the the Pilot Program going forward.

For additional reading on FCPA enforcement in 2017, see Miller & Chevalier’s FCPA Spring Review 2017.