News and commentary about white-collar crime, enforcement, and compliance
Harry Cassin
Publisher and Editor
Andy Spalding
Senior Editor
Jessica Tillipman
Senior Editor
Bill Steinman
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
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
At this year’s Anti-Corruption, Export Controls & Sanctions Summit in Washington, DC, the DOJ’s Trevor McFadden talked Tuesday about the FCPA.
Spoiler alert: Corruption stinks, the FCPA is working well, and the United States will continue to enforce it.… Continue Reading
President Elect Trump’s pick to lead the SEC is Jay Clayton. He wrote in a 2011 NYC Bar Association paper about the FCPA. The paper addressed the “lasting harm to the competitiveness of U.S.… Continue Reading
Last April, the DOJ’s Criminal Division launched the one-year Pilot Program. The remaining four months of the Pilot Program promise to provide valuable information on several fronts.
Building on the Yates Memo, the Pilot Program provides structured incentives for companies to self-disclose, cooperate, and remediate FCPA violations. … Continue Reading
I know that the compliance professionals in my networks understand, now more than ever, that choices have consequences.
Last May at Compliance Week 2016, I began to hear the impact of CCOs voting with their feet.… Continue Reading
In the prior post I talked about how, after nearly 40 years of FCPA history, the DOJ first used disgorgement as a remedy, including it this year in two declinations under the Pilot Program.… Continue Reading
This year the DOJ required disgorgement of ill-gotten gains as a predicate for preferential treatment under the new FCPA enforcement Pilot Program, regardless of whether the participating company was publicly or privately owned.… Continue Reading
Last week’s $264 million enforcement action against JPMorgan Chase included disgorgement to the SEC of $130.5 million — the seventh biggest FCPA disgorgement of all time.
The SEC said $105.5 million was disgorgement and $25 million was pre-judgment interest.… Continue Reading
DOJ criminal division chief Leslie Caldwell used a wide-ranging talk Thursday at George Washington University Law School to defend the six-month old Pilot Program and to describe the Justice Department’s FCPA enforcement efforts and the current state of corporate compliance.… Continue Reading
In their latest podcast, Tom Fox and Jay Rosen talk about Wednesday’s FCPA Blog NYC Conference.
The podcast was recorded live at the Lexington Hotel in New York.
* * *
The 24-minute episode is here:
The DOJ’s Pilot Program to encourage companies to self report bribery and cooperate with prosecutors doesn’t fix some problems with FCPA investigations and enforcement actions, Lanny Breuer said Wednesday.
The vice chair of Covington & Burling and former U.S.… Continue Reading
Texas-based Lennox International Inc. said in a securities filing Monday that it self reported to the SEC and DOJ an alleged payment of $475 to a Russian customs broker or official.… Continue Reading
In April the DOJ launched its FCPA self-reporting Pilot Program for the purpose of increasing the number of companies voluntarily disclosing FCPA violations. The program was designed to achieve this goal with a carrot and stick approach.… Continue Reading