To Disclose or Not to Disclose… That is the Question: THE DOJ's FCPA Pilot Program – Insights from Year One and Beyond
It has been over one year since the US Department of Justice had launched its Pilot Program aimed to incentivize companies to self-report potential Foreign Corrupt Practices Act violations. Since its launch on 5 April, 2016, The Justice Department has resolved nine investigations.
Sandra Moser, the acting chief of the DOJ's Fraud Section stated that the DOJ viewed the healthcare industry as "one that faces serious compliance and corruption challenges".
When looking at FCPA matters resolved in 2016 outside of the Pilot Program, some companies that did not self-report, yet met the criteria of full cooperation with an investigation and speedy remediation efforts, received some of the same benefits as those who self-reported under the Pilot Program. So, does the Pilot Program truly offer a benefit for companies to self-disclose misconduct?
FRA's Mark Scallon, Jenny McVey and Jimmy Ko examine the settlement trends before and during the Pilot Program to answer the question of whether or not it is sensible for companies to self-disclose.
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