This issue of the Ethics & Compliance in the Americas
newsletter covers what the DOJ considers as cooperation, as updated
by the new FCPA Corporate Enforcement Policy.
Under the FCPA Corporate Enforcement Policy, there will be a
presumption of declination if a company self-discloses misconduct,
fully cooperates and remediates, absent aggravating circumstances.
If a criminal resolution is warranted, there will be a reduction of
the fine. Even in situations where there has been no
self-disclosure, the company may still have a reduction of the
fine, as long as it fully cooperates and timely and appropriately
remediates.
The importance of cooperation as a mitigating factor is thus
very clear. The US Attorneys' Manual (USAM, Title
9-28.700) explains that: "With cooperation by the corporation,
the government may be able to reduce tangible losses, limit damage
to reputation, and preserve assets for restitution. At the same
time, cooperation may benefit the corporation –
