March 13, 2019

DOJ updates FCPA Corporate Enforcement Policy

The FCPA Corporate Enforcement Policy, Title 9-47.000 of the Justice Manual, has been updated to reflect changes in the US Justice Department’s approach to ephemeral messaging platforms.  An earlier version of the Policy denied full remediation credit to companies that allowed the use of such platforms as vehicles for corporate communications.  The Policy revisions take a more measured approach, requiring “appropriate retention of business records, and prohibiting the improper destruction or deletion of business records, including implementing appropriate guidance and controls on the use of personal communications and ephemeral messaging platforms that undermine the company’s ability to appropriately retain business records or communications or otherwise comply with the company’s document retention policies or legal obligations,” if a company wants to receive full remediation credit.

FCPA Corporate Enforcement Policy