Next week marks the 40th anniversary of the Foreign Corrupt Practices Act – it became effective December 19, 1977. Deputy Attorney General Rod Rosenstein marked the occasion this month by providing an update on the FCPA Pilot Program announced in spring 2016 and detailed in this Compliance Gap blogpost. Bottom line: the FCPA policy now provides for a presumed declination of prosecution for companies that complete a fulsome self-disclosure disgorgement, and remediation program. Continue Reading FCPA in the Trump DOJ: Continuing Down the Same Path, with a Little More Heft
On October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors. Nippon Chemi-Con is the eighth company to be charged in the Department of Justice Antitrust Division’s investigation into Sherman Act violations in the capacitor industry. Six of the seven other charged companies have pled guilty and the seventh company (Nichicon), charged by information, will make its first appearance in November. Like the other capacitor manufacturers charged in this conspiracy, Nippon Chemi-Con’s case will be assigned to Judge James Donato of the Northern District of California. Continue Reading Developments in Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged
U.S. District Court Judge James Donato, of the Northern District of California, caught the attention of criminal antitrust litigators over the last several months with his refusal to accept the guilty pleas of three corporations charged in the Department of Justice’s investigation into price fixing in the electrolytic capacitor industry. Continue Reading Judge Donato Rejects Corporate Pleas in Capacitor Cases
Recent corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But there are other factors at play in such cases that can make even more of a difference to the eventual outcomes for individuals than whether their corporate employer pleads guilty or pursues an alternative resolution. Key among these is the extent to which a cooperative relationship can be established between company counsel and individual counsel despite accusations of individual wrongdoing.
Read more in our article posted on Law360: Individual Defense in the Shadow of Corporate Guilty Pleas.
The DOJ has recently showed some new muscle by applying anti-kickback laws to care facility owners rather than drug manufacturers. Continue Reading Kickback Prosecutions Expanding Beyond Drugs and Devices to Care Networks
The Department of Justice’s white collar and fraud sections have been focused on domestic issues as of late, and Foreign Corrupt Practices Act (FCPA) prosecutions fell out of the limelight. Lest any corporation or defense counsel get too comfortable in that assumption, however, the DOJ issued a new guidance memo circling back to the FCPA and announcing a number of changes that signal a renewed focus on FCPA violations – and an increased focus on settlement. Continue Reading DOJ Amping Up FCPA Prosecution Efforts While Offering New Cooperation Benefits