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
Posts Tagged: Pilot Program
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
Last week I spoke with Philip Urofsky, a partner at Shearman and Sterling, and a former federal prosecutor, responsible for investigating and advising on matters involving potential violations of the Foreign Corrupt Practices Act.… Continue Reading
We’ll spend a number of posts this month explaining what is good about the Pilot Program and what may be better. The last post explained the four (not three) requirements the Program establishes — voluntary disclosure, cooperation, remediation, and disgorgement — and how some of those terms have been carefully (re)defined.… Continue Reading
There have been seven declinations under the DOJ’s Pilot Program since it launched in April 2016. The most recent one was in June this year involving CDM Smith Inc.
The Pilot Program gives companies incentives to self-disclose FCPA violations, and to cooperate, remediate, and disgorge.… Continue Reading
As readers of the FCPA Blog are aware, the Pilot Program requires voluntary self-disclosure and cooperation with the government in order to be eligible for a declination from the DOJ.
Since the Pilot Program’s inception, three public companies have disgorged profits to the Securities and Exchange Commission in return for a declination from the DOJ.… Continue Reading
The fall is upon us, the academic year has begun, and the season is right for reflecting on all that is good and all that could be better. In the FCPA space, among the biggest stories of the last year has been the Pilot Program — an experimental enforcement policy first announced in April 2016.… Continue Reading
Since the DOJ launched the Pilot Program in April 2016 to encourage companies to self-report FCPA violations and cooperate with the feds, the DOJ has published seven declination letters addressed to companies under investigation.… Continue Reading
The U.S. legal system doesn’t provide for an FCPA compliance defense, which would relieve a company of liability for FCPA violations if it can prove that it created and maintained an effective FCPA compliance program at the time the violation occurred.… Continue Reading
Privately held CDM Smith Inc. entered into a declination with disgorgement Thursday with the Justice Department to resolve FCPA offenses in India.
The DOJ said employees and agents of CDM Smith and a wholly owned subsidiary in India paid $1.18 million in bribes to government officials.… Continue Reading
Two American units of Germany’s Linde Group received a declination with disgorgement from the DOJ Friday for FCPA offenses in the Republic of Georgia.
Under the declination pursuant to the FCPA Pilot Program, Linde North America Inc.… Continue Reading