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FCPA Scorecard Blog

Foreign Corrupt Practices Act & Anti-Corruption

DOJ Revises Corporate Cooperation Policy in United States Attorneys' Manual

The Department of Justice recently posted revisions to the United States Attorneys' Manual (USAM) regarding its corporate cooperation policy.  Under the revisions, the USAM now requires that companies provide all relevant facts about individual misconduct in order to be eligible for any cooperation credit.  According to Deputy Attorney General Sally Quillian Yates, the revisions were meant to codify the policy outlined in the DOJ memorandum on individual liability issued earlier this year, specifically the policy that in any corporate case the primary focus should be on "holding individual wrongdoers accountable." Other revisions to the USAM include that a corporation's voluntary disclosure and its willingness to cooperate will now be considered as two separate factors weighing in the company's favor, whereas before they had been combined into a single factor.  Additionally, the USAM will now require civil attorneys, as with prosecutors, to focus on pursuing individuals from the beginning of an investigation.