Sentencing of Individuals in FCPA Cases

The DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.

23 minute read December 21, 2010 at 02:01 PM
By
Gary Stein
Sentencing of Individuals in FCPA Cases

As part of their stepped-up enforcement of the Foreign Corrupt Practices Act (FCPA) in recent years, Justice Department officials have emphasized

the importance of prosecuting ' and sending to prison ' individual executives who violate the statute.

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