Artikel: Grading the DOJ's Foreign Corrupt Practices Act 'Pilot Program'

In April 2016, the Department of Justice issued a policy document titled “The Fraud Section’s FCPA Enforcement Plan and Guidance.” The document outlined various steps in the DOJ’s “enhancedFCPA enforcement strategy” including a “pilot program” intended to “encourage companies to disclose FCPA misconduct to permit the prosecution of individuals whose criminal wrongdoing might otherwise never be uncovered or disclosed to law enforcement.”

This article grades the pilot program by addressing the following issues: the obvious logical gap in the pilot program; how the pilot program, both in terms of rhetoric and substance, is really nothing new; why the corporate community should take the pilot program with a grain of salt; and how the pilot program falls short of accomplishing the laudable goals articulated by the DOJ compared to other alternatives previously advanced.

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