Department of Justice signNext 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

whistleblower

In a company with a robust compliance culture, potential whistleblowers can express their concerns without fear of retribution. By contrast, the penalty for a culture that silences whistleblowers just got steeper.  Companies caught punishing those who raise red flags, especially when they turn out to be lawyers, could be forced to confront documents otherwise inadmissible against the company due to attorney-client privilege.  Continue Reading Revenge of the Whistle-blower: Possible Consequences of Compliance Failures

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