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
In a series of key policy announcements between November 2017 and May 2018, the Department of Justice has demonstrated an increasingly coherent perspective on how it will handle key aspects of white collar criminal enforcement.… Continue Reading
A common refrain in the white collar bar is that American government agencies don’t often get along and play well together. This can result in challenging issues for companies doing business in the United States that have run afoul of the law.… Continue Reading
China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.
1. “Super” enforcement agency targeting government officials is established.… Continue Reading
The release of TRACE’s Global Enforcement Report 2017 (GER) gives us a chance to reflect on large-scale trends in anti-bribery enforcement.
For the United States, after 2016’s record-setting pace of FCPA settlements, the question wasn’t so much whether there would be a slowdown, but only how slow it would get.… Continue Reading