How Can a Company Improve Its Chances of Obtaining an FCPA Declination?

In 2012, the DOJ publicly announced that it had declined to prosecute Morgan Stanley for FCPA violations caused by a rogue employee in Shanghai.  The declination was notable because it was publicly announced and because of the egregious nature of the misconduct involved.  See “Davis Polk Lawyers and Morgan Stanley Compliance Director Discuss DOJ’s Decision Not to Prosecute Morgan Stanley for FCPA Violations” (Oct. 17, 2012).  A recent program at the Momentum Event Group’s Global Anti-Corruption Congress, “Lessons Learned from Recent High Profile FCPA Declinations,” featured a panel discussion of several recent FCPA declinations.  The panelists, who were closely involved in those matters, presented their views of why the declinations were issued and how companies facing FCPA violations can improve their chances of receiving a declination.  This article summarizes the key insights from that discussion.

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