The Evaluation of Corporate Compliance Programs, first published five years ago, is now one of the most important compliance tools, not only for the DOJ prosecutors it’s addressed to, but also for compliance professionals outside government.… Continue Reading
Posts Tagged: Declinations
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
During the second calendar quarter, there were five corporate FCPA enforcement actions.
The settling companies paid a total of $985 million for the resolutions.
French pharma Sanofi said Wednesday the DOJ has closed an FCPA investigation that started four years ago.
The company said it heard from the DOJ in February.
But Sanofi said it is still cooperating with the SEC’s “review of the allegations.”… Continue Reading
Teradata Corporation said in an SEC filing Friday that the FCPA investigation into gifts and travel expenses at a subsidiary in Turkey has ended and the company won’t face an enforcement action.… Continue Reading
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.… Continue Reading
By almost any measure, the new FCPA enforcement policy is an important and positive development. Tom Fox, Bill Steinman, George Terwilliger, and others both here and beyond have noted as much, and I rise in concurrence.… Continue Reading
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?”… Continue Reading
The word “disappearance” does not suggest that the thing has ceased to exist. It simply means we can’t see it. Maybe it still exists, maybe it does not. But because it’s no longer visible, we wonder.… Continue Reading
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.… Continue Reading