How Lessons Learned Provide Future Guidance On FCPA Compliance

In 2005, Monsanto acknowledged violations of the Foreign Corrupt Practices Act (FCPA) following its self-disclosure of inappropriate payments by former employees to Indonesian government officials. That self-disclosure led to the entry of a Deferred Prosecution Agreement (DPA) with the U.S. Department of Justice (DOJ) and a related cease-and-desist order with the Securities and Exchange Commission (SEC). Monsanto agreed to a three-year government oversight by an independent monitor to assure that the company instituted and sustained a comprehensive and effective program. Monsanto developed that program, satisfying DOJ’s and SEC’s strict standards to secure dismissal of the DPA, and in so doing established a model global compliance protocol.

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