Corporate Enforcement Policy Revisions: A More Amenable DOJ Looks to Negotiate
Anti-Corruption Report
Corporate Enforcement Policy Revisions: A More Amenable DOJ Looks to Negotiate
Anti-Corruption Report
Christine Wong spoke to the Anti-Corruption Report about assistant attorney general Kenneth Polite, Jr. announcing the Department of Justice’s (DOJ) Revised Corporate Enforcement Policy (CEP), through which the DOJ offers incentives for corporations who act as allies in the fight against crime.
According to Christine, the three most important elements of the Revised CEP are: “1) Possibility of a declination even when ‘aggravating circumstances’ are present, including when the company is a recidivist; 2) Significant fine reductions – a non-recidivist company that meets the criteria will receive at least 50% and up to a 75% reduction off the low end of the U.S. Sentencing Guidelines fine range; and 3) The new framework for evaluating cooperation – every company starts at zero cooperation credit and has to earn credit based on the factors outlined in the revised CEP.”
Christine added that the DOJ “may have concluded that it needed to create greater incentives for cooperation,” and noted that in March 2019, the DOJ revised the CEP “but maintained the same declination presumption and potential fine reductions as in the original version.”
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