Here’s what we heard from Jan Handzlik, left, about Wednesday’s FCPA guidance from the DOJ and SEC.
‘The new guidance is, in a word, underwhelming. It’s doubtful U.S. companies and individuals trying to understand the consequences of their actions when doing business abroad will find much real guidance here. Instead of responding to widespread concerns about the Act’s lack of clarity, the guidance for the most part simply reiterates positions taken by the DOJ and SEC in past enforcement actions. DOJ now cites as settled law its own interpretations of the FCPA and the “principles” it has developed over the years through deferred prosecution agreements and similar enforcement actions. If the objective was to pull together the principles of prosecution and enforcement proceedings in one place, the guidance succeeds. But there is little new guidance in today’s release.’
Handzlik represented Keith Lindsey and Lindsey Manufacturing in their FCPA trial last year. The judge dismissed their indictments in December after a jury trial because of misconduct by prosecutors.