On November 29, 2018, Deputy Attorney General Rod Rosenstein clarified several aspects of the DOJ’s corporate cooperation and resolution policies in remarks at the American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act.  With respect to cooperation credit, Rosenstein acknowledged that, when the government alleges criminal conduct that continued at the company over a long period of time, it may not be reasonable or practical to require companies to identify every employee who played a role in the conduct.  Instead, Rosenstein explained, companies could receive credit as long as they identified all individuals who played a “significant role” in the company’s criminal conduct.  Separately, Rosenstein noted that the Department would restore some discretion for Civil Division attorneys to enter corporate resolutions and settlements.

Remarks as Prepared (Nov. 29, 2018)