2018
DOI: 10.1111/ablj.12124
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Mitigating the Harshness of FCPA Enforcement Through a Qualifying Good‐Faith Compliance Defense

Abstract: In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have enforced the Foreign Corrupt Practices Act (FCPA) with increasing rigor. These zealous enforcement practices have been criticized for putting excessive pressure on companies to settle, often through nonprosecution or deferred prosecution agreements. The resulting proliferation of such settlements has created a dearth of case law interpreting the statute, resulting in legal ambiguity that reinforces pressures … Show more

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Cited by 5 publications
(2 citation statements)
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“…According to the US Department of Justice enforcement practices, in addition to the compliance incentives established by the Federal Sentencing Guidelines, prosecutors can encourage companies to voluntarily disclose their FCPA violations through the "cooperation credit" approach (Salbu, 2018). The so-called selfdisclosure of violations consists of three basic elements: first, reporting violations; second, cooperating fully with law enforcement agencies; and third, taking timely and appropriate remedial action.…”
Section: National Compliance Governance Modelsmentioning
confidence: 99%
See 1 more Smart Citation
“…According to the US Department of Justice enforcement practices, in addition to the compliance incentives established by the Federal Sentencing Guidelines, prosecutors can encourage companies to voluntarily disclose their FCPA violations through the "cooperation credit" approach (Salbu, 2018). The so-called selfdisclosure of violations consists of three basic elements: first, reporting violations; second, cooperating fully with law enforcement agencies; and third, taking timely and appropriate remedial action.…”
Section: National Compliance Governance Modelsmentioning
confidence: 99%
“…Since 1991, the US Attorney’s Office has considered corporate compliance issues as an important factor in deciding whether to prosecute a case under The United States Federal Sentencing Guidelines when reviewing whether to prosecute a company involved in a case (Hess, 2015). According to the US Department of Justice enforcement practices, in addition to the compliance incentives established by the Federal Sentencing Guidelines, prosecutors can encourage companies to voluntarily disclose their FCPA violations through the “cooperation credit” approach (Salbu, 2018). The so-called self-disclosure of violations consists of three basic elements: first, reporting violations; second, cooperating fully with law enforcement agencies; and third, taking timely and appropriate remedial action.…”
Section: Definitionmentioning
confidence: 99%