It is well known that leniency policy is an American creation but the complexity of the mechanism rethought by Ann Bingaman (1993,1994) and its implementation by the Department of Justice over the years requires some further explanation.
This article endeavors to explain why this high performance model has influenced all the existing leniency programs throughout the world.
Its impressive success can be attributed to two principal reasons: firstly, the conjonction of a corporate leniency program with another one dedicated to physical persons. It exacerbates the conflicts of interests between managers, employees in general and their firms.
Secondly, transparency of the procedure containing a single gate and a marker system grants a perfect legal certainty.