Department of Justice officials often talk about the importance of transparency. For instance, officials have stated that “greater transparency benefits everyone” and that the “the Criminal Division stands to benefit from being more transparent ..” (See here).
Indeed, “the DOJ’s and SEC’s continuing efforts to provide increased transparency” was one of the reasons for the recent release of the Second Edition of the FCPA Guidance.
A close read of the FCPA Guidance makes it clear that not all DOJ FCPA enforcement actions are in the public domain. Some are secret. Yet, as highlighted below, when asked to provide certain basic information about these secret FCPA enforcement actions the DOJ declined.