A time to renegotiate. With every change of administration, there is a changing of the guard. Department heads and prosecutors leave, not necessarily en masse, but in numbers large enough to shake up any team. So is it possible companies in negotiations with the previous administration see an opportunity for wiggle room? Another shot at earning cooperation credit if the investigation didn’t necessarily start on the right foot?
As a government outsider, it’s impossible to know why there hasn’t yet been any DOJ or SEC corporate enforcement of the FCPA under the current administration. Here are three possible reasons: