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Richard L. Cassin Publisher and Editor

Andy Spalding Senior Editor

Jessica Tillipman Senior Editor

Elizabeth K. Spahn Editor Emeritus

Cody Worthington Contributing Editor

Julie DiMauro Contributing Editor

Thomas Fox Contributing Editor

Marc Alain Bohn Contributing Editor

Bill Waite Contributing Editor

Shruti J. Shah Contributing Editor

Russell A. Stamets Contributing Editor

Richard Bistrong Contributing Editor 

Eric Carlson Contributing Editor

Bill Steinman Contributing Editor

Aarti Maharaj Contributing Editor


FCPA Blog Daily News

Entries in Enforcement Policy (74)

Tuesday
Feb202018

Tillipman and Block: Should criminal settlements be available to corporate recidivists?

Few corporations are willing to risk the extensive legal costs, reputational damage, and potentially devastating collateral consequences of a trial. Thus, unsurprisingly, corporate settlements have proliferated in recent years, becoming a staple of the U.S. criminal justice system.

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Monday
Jan222018

Are there ‘aggravating circumstances’ in all FCPA cases?

The FCPA guidance that became part of the U.S. Attorneys’ Manual in November creates a presumption of declination if companies do four things -- voluntarily self-disclose, fully cooperate, properly remediate, and disgorge their profits. But there's an important exception.

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Wednesday
Jan172018

Kevin Bogdanov: How automation will shape FCPA compliance in 2018

2017 proved to be a blockbuster year for the FCPA and anti-bribery and corruption (ABC) enforcement at large.

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Wednesday
Jan032018

The three most important FCPA stories of 2017

There was plenty to ponder when looking for the biggest FCPA stories from last year. The flurry of enforcement actions in January before the transition in Washington to a new Administration. Suspense about whether the new crew would enforce the FCPA at all? Then some startling new mega-cases that reshuffled the Top Ten list.

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Friday
Dec222017

DOJ gives compliance chiefs powerful new ally

The DOJ's FCPA Pilot Program -- giving companies declinations or reduced penalties if they self disclose, cooperate, and disgorge profits -- has now been enshrined in the U.S. Attorneys' Manual. It's a permanent guideline for prosecutors.

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Tuesday
Dec122017

Worth MacMurray: New DOJ enforcement policy and ISO 37001 are aligned

In Deputy Attorney General Rosenstein’s recent announcement of a new FCPA Policy, he highlighted three hallmarks of a Policy effective compliance program: fostering a culture of compliance; dedicating sufficient resources to compliance activities; and ensuring that experienced compliance personnel have appropriate access to the board.

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Thursday
Dec072017

David Stuart at Cravath talks about Telia and FCPA enforcement today

Cravath partner David M. Stuart I recently spoke with David M. Stuart, one of the attorneys who represented Telia Company AB, a Sweden-based telecommunications provider that settled violations in September for a grand total of $965 million in financial sanctions.

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Wednesday
Oct042017

Karen E. Gray: ISO 37001 certification can help companies prepare for DOJ industry sweeps

After news broke that the U.S. Department of Justice was investigating Uber’s potential violations of the Foreign Corrupt Practices in late August, the National Law Review wrote, “In our experience, once DOJ begins learning about a particular industry in such an investigation, the investigation will expand to other players within the industry. It’s called an ‘industry sweep,’ and it’s a thing.”

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Thursday
Sep282017

Gary Giampetruzzi: Is Small Pharma next for DOJ enforcement? 

For decades, U.S. prosecutors have touted their big victories over big pharma for violations of U.S. laws prohibiting bribery in the U.S. (the federal Anti-Kickback Statute) and abroad (the FCPA). 

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Thursday
Sep282017

What does Paul Pelletier really think about DPAs, individual prosecutions, and the DOJ?

Pepper Hamilton's Paul PelletierThe Chickenshit Club: Why the Justice Department Fails to Prosecute Executives by Jesse Eisinger talks about what has brought us to present-day enforcement challenges and controversies.

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Monday
Sep252017

Andy Spalding: A plea to the DOJ -- bring back pre-existing compliance

At a recent conference, I had the good fortune of asking a former high-ranking DOJ official, “how is it that pre-existing compliance is no part of the Pilot Program’s penalty reductions and declinations?”

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Thursday
Sep142017

Andy Spalding: The Pilot Program addresses three criticisms, but raises a new one

The Pilot Program is best understood as the DOJ’s response to three distinct lines of public commentary on FCPA enforcement. The Department should be commended for responding to this commentary -- indeed, for even listening to it in the first place. And the responses have, in my view, largely been smart and fair. But it’s created a new difficulty. Fortunately, that difficulty is easily addressed.

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