What is the conditional leniency letter, and why is it conditional?
The conditional leniency letter is the initial leniency letter given to a leniency applicant. The Division has a model corporate conditional leniency letter and a model individual conditional leniency letter.(27) The initial grant of leniency pursuant to the letters is conditional because a final grant of leniency depends upon the applicant performing certain obligations over the course of the criminal investigation and any resulting prosecution of co-conspirators, such as establishment of its eligibility; its full, truthful and continuing cooperation; and its payment of restitution to victims, as set forth in the letter, and the final grant also depends on the Division verifying the applicant’s representations regarding its eligibility. Only those who qualify for leniency should receive its rewards. After all of the applicant’s obligations have been satisfied (usually after the investigation and prosecution of co-conspirators have been concluded) and the Division has verified the appl
Related Questions
- 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?
- 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?
