October 17, 2018
But Mom / Dad, when Johnny gets into trouble his parents do things a little bit differently, why can’t I benefit from that?
That was my reaction in this February 2015 post when SNC-Lavalin was criminally charged by Canadian authorities for alleged improper payments to Libyan officials. Upon being charged, the company issued this release stating:
“It is important to note that companies in other jurisdictions, such as the United States and United Kingdom, benefit from a different approach that has been effectively used in the public interest to resolve similar matters while balancing accountability and securing the employment, economic and other benefits of businesses.”
October 16, 2018
As highlighted in this prior post, DOJ Assistant Attorney General Brian Benczkowski recently announced a new DOJ monitor policy via this written memo titled “Selection of Monitors in Criminal Division Matters.”
The memo is not Foreign Corrupt Practices Act specific, but FCPA relevant as it establishes “standards, policy, and procedures for the selection of monitors in matters being handled by Criminal Division attorneys” and “shall apply to all Criminal Division determinations regarding whether a monitor is appropriate in specific cases and to any deferred prosecution agreement (“DPA”), non-prosecution agreement (“NPA”), or plea agreement between the Criminal Division and a business organization which requires the retention of a monitor.”
Before diving into the specifics of the memo, it is important to note the following.
Assistant AG Benczkowski Announces That The DOJ Has Ditched The “Shortsighted” Compliance Counsel Position And Announces A New Corporate Monitor Policy
October 15, 2018
In 2015 when the DOJ announced that it had retained a “compliance expert” to “provide expert guidance to Fraud Section prosecutors,” I called the move little more than a public relations move (see here for the prior post).
This March 2018 post checked in with the DOJ regarding its compliance counsel vacancy and mum was the word from the DOJ. The prior post suggested that if the position was that important it would have been filed after nine months, but then again it never was that important but rather a public relations move.
October 13, 2018
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”
Set forth below are the topics discussed this week on FCPA Professor.
In this FCPA Flash podcast episode, Daniel Suleiman (Covington & Burling who previously served as a senior official in the DOJ’s Criminal Division including as Deputy Chief of Staff & Counselor to the Assistant Attorney General) discusses the life cycle of FCPA internal investigations,
October 12, 2018
More on Major League Baseball’s FCPA scrutiny, Siemens, across the pond, ripple, and for the reading stack.
It’s all here in the Friday roundup.
MLB’s FCPA Scrutiny