If a corporate conditional leniency letter is revoked, what will happen to the protection provided in the letter for the corporations directors, officers, and employees?
If the Division revokes a corporation’s conditional acceptance into the leniency program, the conditional leniency letter it received “shall be void.”(32) Thus, the protection provided to employees pursuant to the letter no longer exists. However, as a matter of prosecutorial discretion, even if the Division revokes a company’s conditional leniency letter, the Division will elect not to prosecute individual employees, so long as they had fully cooperated with the Division prior to the revocation and, in the Division’s view, were not responsible for the revocation.
Related Questions
- How is "current director, officer, or employee" defined for purposes of the cooperation obligations and leniency protection of the corporate conditional leniency letter?
- Can an applicants former directors, officers, and employees be included in the scope of the conditional leniency letter?
- What is the conditional leniency letter, and why is it conditional?
