Last week, the Department of Justice (DOJ) revised the Foreign
Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the
"CEP") in ways that continue to underscore the DOJ's
push for a more lenient enforcement regime for cooperating
companies. The DOJ eliminated language that appeared to
require companies, in disclosing conduct, to characterize that
conduct as a violation of criminal law. The DOJ also
clarified that companies, when identifying information not in their
possession, need only identify evidence actually known to the
companies at the time. The changes respond to concerns raised
by companies and the defense bar about language in the CEP, and
reflect the current Administration's push to make DOJ policy
towards corporate enforcement more reasonable.
