Companies that might become embroiled in seemingly perpetual DOJ FCPA investigations recently received some mixed messages from DOJ’s Criminal Division. On April 17, Leslie Caldwell, the AAG of the Criminal Division, delivered remarks at New York University Law School’s Program on Corporate Compliance and Enforcement.
AAG Caldwell emphasized that companies under investigation for potential FCPA violations are not required to “boil the ocean” in their internal investigation “look-backs,” and that DOJ prosecutors, absent the potential for compromising investigations, are being encouraged to “assist cooperating companies in appropriately targeting their investigations” by sharing information about the government’s investigation. Somewhat surprisingly, however, AAG Caldwell seemed to place the blame for the arduousness of government FCPA investigations squarely on companies for “spend[ing] years, and many millions of dollars, investigating potential violations.”
Although AAG Caldwell’s candid remarks provide enough reason to be hopeful, they don’t address critical distinctions between corporate internal investigations and the government’s own overarching criminal investigations that may serve to cause investigatory delays.
The original article can be found at www.fcpablog.com