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Browse: Home / 2013 / January / 22 / The Need For A Consensus “Declination” Definition — FCPA Professor

The Need For A Consensus “Declination” Definition — FCPA Professor

By Securities Docket on January 22, 2013, 8:36 am

In this prior post, I offered my definition of a declination as being – an instance in which an enforcement agency has concluded that it could bring a case, consistent with its burden of proof as to all necessary elements, yet decides not to pursue the action.  Others have offered the same definition (see here for a Wilmer Hale Client Alert -”the concept of a declination is supposed to be reserved for instances in which the offense is chargeable but the government declines in its own discretion to bring a case”).

Anything less ought not be termed a ”declination.”   It is really no different that saying a police officer “declined” to issue a speeding ticket in an instance in which the driver was not speeding.  This is not a declination, it is what the law commands, and such reasoning applies in the FCPA context as well.

via The Need For A Consensus “Declination” Definition — FCPA Professor

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Posted in Criminal | Tagged Anti-corruption, Declinations, Web Watch

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