Attorney General Sessions Affirms FCPA Enforcement and Individual Accountability for Corporate Fraud
In a speech given last week, Attorney General Jeff Sessions affirmed that the Department of Justice (DOJ) would continue to vigorously enforce the nation’s anti-fraud laws, including the Foreign Corrupt Practices Act (FCPA). Despite pre-election comments by the President that he disapproved of the law, Attorney General Sessions stated that DOJ will continue to prosecute corporate fraud and acknowledged “one area where this is critical is enforcement of the Foreign Corrupt Practices Act.” The Attorney General further reinforced that DOJ will seek to hold individuals accountable for corporate wrong-doing. Former Deputy Attorney Sally Yates announced this policy in 2015 in what is commonly referred to as the “Yates Memo.” After Yates was fired earlier this year, some questioned the longevity of the policy. However, Attorney General Sessions stated: “The Department of Justice will continue to emphasize the importance of holding individuals accountable for corporate misconduct.” Finally, Attorney General Sessions re-emphasized the importance of corporate compliance programs by affirming that DOJ would continue to look favorably on those corporations that have good compliance programs, cooperate during government investigations, self-disclose wrong-doing, and take steps to remediate identified problems.