On March 1, 2018, John Cronan, Acting Assistant Attorney General for the Criminal Division of the U.S. Department of Justice (the “DOJ”), and Benjamin Singer, Chief of the Securities and Financial Fraud Unit of the DOJ Fraud Section, announced that the DOJ will use the Foreign Corrupt Practices Act Corporate Enforcement Policy (the “FCPA Policy”) as nonbinding guidance in non-FCPA criminal cases. According to Cronan, the DOJ wishes that this guidance will encourage approaches and principles similar to the FCPA Policy for all securities and financial fraud cases. The FCPA Policy provides a clear and specific path toward a possible declination by the DOJ in FCPA cases. This shift in approach could impact a corporation’s determination of whether and how to cooperate with the DOJ in criminal investigations.
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