In the second quarter the Department of Justice (DOJ) issued two declinations which demonstrated that the DOJ Pilot Program is alive and well. Linde Gas and CDM Smith, both received declinations to prosecute by meeting the four prongs of the Pilot Program; (1) self-disclosure, (2) extensive cooperation, (3) extensive remediation, and (4) profit disgorgement. These cases demonstrate the clear advantages of self-disclosure as both companies had engaged in conduct which was clearly violative of the Foreign Corrupt Practices Act (FCPA).
