The DOJ's Guiding Principles Of Enforcement

Following the recently published review by the SFO of its enforcement policy in a number of areas with regard to corporates, it is instructive to consider the approach of the US DOJ as articulated in its Resource Guide to the US FCPA.

The resolution of cases involving corporates is guided by the Principles of Federal Prosecution of Business Organisations, set out in the U.S. Attorney's Manual.

This recognises that the resolution of cases by means other than indictment, including non-prosecution and deferred prosecution agreements, may be appropriate in certain circumstances.

Nine factors are identified as being relevant to such a determination:

1. the nature and seriousness of the offence;