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
Shruti J. Shah
Contributing Editor
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
The January 2023 revisions to DOJ’s Corporate Enforcement Policy for the first time spelled out the factors that allow a company to qualify for a declination even in the presence of aggravating circumstances.… Continue Reading
Last month, French firm Safran S.A. received the DOJ’s 16th declination with disgorgement. Remember how declinations with disgorgement came into being?… Continue Reading
Corporate investigations in Russia are conducted in a heavily regulated environment. They are further complicated by numerous practical challenges. Observing the legal and factual requirements is like navigating through a minefield.… Continue Reading
Russian President Putin recently submitted a new anti-corruption bill to the Russian parliament.
The proposal has two significant aspects.
First, it would amend Article 19.28 of the Russian Code of Administrative Violations (which was previously amended in 2011 to impose liability on corporations for bribery, including domestic and foreign, public and private) to provide that companies can avoid liability in domestic bribery cases if
(i) they assist in the discovery or investigation of the bribe or
(ii) the bribe has been extorted. … Continue Reading
Studies that use statistical analysis to examine various FCPA outcomes are becoming more common. In one such paper entitled “Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements,” the author attempted to determine whether companies who voluntarily disclosed FCPA transgressions received a benefit in their fine calculation.… Continue Reading
A Maryland-based telecommunications company said in a securities filing Friday that it has launched an internal investigation into potential violations of the Foreign Corrupt Practices Act.
Ciena Corporation said the investigation is to determine if certain payments “to an individual employed by a customer in a country in the ASEAN region” may have violated the FCPA and other laws.… Continue Reading
The DOJ’s FCPA Pilot Program — giving companies declinations or reduced penalties if they self disclose, cooperate, and disgorge profits — has now been enshrined in the U.S. Attorneys’ Manual.… 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
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
In our recent report, Trends and Developments in Anti-Corruption Enforcement, we analyze major anti-corruption resolutions in 2014 and look ahead to what we expect in 2015.
As we explain in our report (pdf) (in Chinese here), 2014 was a year in which the benefits of voluntary disclosure and cooperating in U.S.… Continue Reading
Our friends at the International Anti-Corruption Academy have announced a new program call Legal Incentives for Corporate Integrity. The three-day training session happens from May 4 – 6, 2015 at the IACA campus near Vienna, Austria.… Continue Reading
