Although the DOJ doesn’t tell us who it decides not to charge, the McConnell and Simon data does. The DOJ doesn’t charge corporations that have an effective compliance program. The most recent example was Morgan Stanley.
That raises questions about why some business groups are fighting so hard against the FCPA. Wouldn’t it be easier for their members to have effective compliance programs? And wouldn’t that be better for everyone?
via How To Avoid Prosecution — The FCPA Blog