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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Richard L. Cassin
Editor at Large

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

Practice Alert: CFTC will investigate and prosecute FCPA violations

The Commodity Futures Trading Commission (CFTC) said Wednesday it will work alongside of the DOJ and SEC to investigate foreign bribery and prosecute overseas corruption offenses.

In a March 6 Enforcement Advisory (pdf), the CFTC’s Division of Enforcement said commodities companies that self report violations of the Commodity Exchange Act  involving foreign corrupt practices could receive declinations.… Continue Reading

DOJ rolls out new policy against ‘piling on’

Deputy Attorney General Rod Rosenstein announced a new policy Wednesday that encourages coordination among DOJ departments and other enforcement agencies to avoid multiple penalties for the same conduct.

The aim is to avoid unfair duplicative penalties while keeping good relationships with law enforcement partners in the United States and abroad, Rosenstein said.… Continue Reading

Firestone and Butenko: A Russian ‘Pilot Program’?

Russian President Putin recently submitted a new anti-corruption bill to the Russian parliament.

The proposal has two significant aspects. 

First, it would amend Article 19.28 of the Russian Code of Administrative Violations (which was previously amended in 2011 to impose liability on corporations for bribery, including domestic and foreign, public and private) to provide that companies can avoid liability in domestic bribery cases if

(i) they assist in the discovery or investigation of the bribe or

(ii) the bribe has been extorted. 

Second, the proposal would allow courts to freeze the property of corporations under investigation for bribery up to the maximum amount of possible fine. 

Given Russian practice, we can expect the amendments to pass relatively quickly and with few changes.… Continue Reading

Peter Leasure: Predicting the benefits of voluntary disclosure with statistical analysis

Studies that use statistical analysis to examine various FCPA outcomes are becoming more common. In one such paper entitled “Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements,” the author attempted to determine whether companies who voluntarily disclosed FCPA transgressions received a benefit in their fine calculation.Continue Reading

Lankford and Hussain: New DOJ enforcement policy takes aim at messaging apps

FCPA investigators routinely face obstacles to gathering data from non-company email and messaging apps. In particular, such communications are often not stored on company devices, and where files exist, they may be encrypted or otherwise difficult to open.  

Outside messaging apps, such as Snapchat and Wickr may automatically delete messages after a few seconds or days precisely so that users can keep their communications confidential. 

Outside email accounts are also difficult to access and present obvious data privacy issues.… Continue Reading

Bill Steinman: What’s new about the DOJ’s new FCPA corporate enforcement policy?

FCPA practitioners welcomed Rod Rosenstein’s announcement that the Department of Justice has made the FCPA Pilot Program permanent, and incorporated it into the U.S. Attorneys’ Manual. In the words of one of my colleagues, the audience “noticeably lightened up” at the Deputy AG’s news. 

Now that we’ve had an opportunity to digest the newly-styled FCPA Corporate Enforcement Policy, let’s examine some of the key differences from the original 2016 FCPA Pilot Program. 

1.… Continue Reading