Two compliance-related facts have emerged since the start of 2021, and they must be related. First, the DOJ’s enforcement priority has shifted to individuals who commit white-collar “corporate” crimes and away from the corporations themselves.… Continue Reading
Posts Tagged: Enforcement Policy
I collect tidbits about FCPA enforcement. During good weeks, the tidbits come together for a post. Other times, they stubbornly remain random factoids. That’s what happened this week. No unified field theory of FCPA enforcement.… Continue Reading
The SEC guards the integrity of U.S. markets and protects investors by requiring issuers to disclose material information about themselves and their directors and officers. However, the SEC doesn’t tell anyone what to say or how to say it.… Continue Reading
Among the weird facts about the FCPA is who can decide to launch a criminal investigation or bring an enforcement action, and which government lawyers along the way will do the heavy lifting.… Continue Reading
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
Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”… Continue Reading
The French government enacted the law commonly known as Loi Sapin II, paving the way for out-of-court settlements, on December 9, 2016. And the French Ministry of Justice issued regulatory guidelines on the subject on January 31 this year.… Continue Reading
In a novel, even if rather obscure manner, the Trump Administration has found a new way to put America first.
It is refreshing that a convicted fraudster, who is already serving a custodial sentence for his original crime, has had his sentence increased due to his failure to repay millions of dollars to his victims.… Continue Reading
At the heart of any prospective self-disclosure to the DOJ is a robust internal compliance review program. Companies, no matter how large or small, should be looking to do two things: evaluate past practices and ensure ongoing compliance.… Continue Reading
Last week the Department of Justice reminded us that the FCPA remains a force to be reckoned with. And for the second time in as many years, I’ve taken to my keyboard to remind the world that, despite so many hopes and predictions, FCPA enforcement is not dead.… Continue Reading