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
Posts Tagged: Enforcement Policy
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
Anyone who has spent much time in China or dealt with investigations in China has probably heard of WeChat, a social media application. WeChat has over 900 million daily users, making it far and away the most ubiquitous social media platform in China. … Continue Reading
Few corporations are willing to risk the extensive legal costs, reputational damage, and potentially devastating collateral consequences of a trial. Thus, unsurprisingly, corporate settlements have proliferated in recent years, becoming a staple of the U.S.… 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
2017 proved to be a blockbuster year for the FCPA and anti-bribery and corruption (ABC) enforcement at large.
From sustained record levels of enforcement (some 11 penalties levied, totaling $1.92 billion; the second largest year on record) to significant developments via the newly announced FCPA Corporate Enforcement Policy by the Department of Justice in late November, businesses are on notice that this remains a significant regulatory priority.… Continue Reading
In Deputy Attorney General Rosenstein’s recent announcement of a new FCPA Policy, he highlighted three hallmarks of a Policy effective compliance program: fostering a culture of compliance; dedicating sufficient resources to compliance activities; and ensuring that experienced compliance personnel have appropriate access to the board.… Continue Reading
I recently spoke with David M. Stuart, one of the attorneys who represented Telia Company AB, a Sweden-based telecommunications provider that settled violations in September for a grand total of $965 million in financial sanctions.… Continue Reading