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The DOJ's FCPA Pilot Program Wins Some White-Collar Praise, to a Point
Weighing the risks of self-reporting a bribery violation or hiding it has always been a thorny issue for companies. And that's the dilemma at the heart of the U.S. Justice Department's (DOJ) pilot program for violations of the Foreign Corrupt Practices Act (FCPA). While the one-year program has made companies a little more trusting of prosecutors, the decision to self-report a foreign bribe is no less gut-wrenching, according to FCPA lawyers.
The Justice Department is mulling whether to continue the pilot program or to modify it. Most lawyers who have participated in the program said it should be continued, but with more clarity for companies.
The DOJ introduced the program in April 2016, saying it would provide prosecutors and corporations with a clearer understanding of what the government offers a company that voluntarily discloses its wrongdoing, fully cooperates with an investigation and institutes remedial compliance measures. The top prize is a letter from the DOJ saying it is declining to prosecute the crime.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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