The DOJ is evaluating whether to extend its FCPA Pilot Program, originally scheduled to end on April 5th of this year. In remarks to the American Bar Association National Institute on White Collar Crime, Acting Assistant Attorney General Kenneth Blanco said that as the initial, one-year period of the Pilot Program comes to a close, DOJ will be “evaluating the utility and efficacy” of the program in determining “whether to extend it.” Until DOJ reaches a final decision, however, “the program will continue in full force.” Blanco highlighted the Pilot Program’s goal of providing more transparency and consistency for corporate resolutions, including “clear metrics for what constitutes voluntary self-disclosure, full cooperation and full remediation.” Fraud Section Chief Andrew Weissmann launched the Pilot Program in April 2016. At the time, DOJ said the program aimed to promote accountability by motivating companies “to voluntarily self-disclose FCPA-related misconduct, fully cooperate with the Fraud Section, and, where appropriate, remediate flaws in their controls and compliance programs.” The program provided motivation for self-reporting by making companies and individuals choosing to voluntarily self-report eligible for far greater credit that those who elected not to self-report. Self-reporting credits could include a reduction of up to fifty percent below the low end of the applicable fine range according to U.S. sentencing guidelines, as well as possibilities of pursuing remediation without the appointment of a monitor and even declination of prosecution.
In the program’s one year so far, DOJ has issued five declinations for self-reporting entities. All five of those entities adhered to the self-reporting criteria of the program, namely: (1) voluntary self-disclosure; (2) full cooperation in FCPA matters, and (3) timely and appropriate remediation.