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Principal Deputy Associate Attorney General – “Subregulatory Guidance Isn’t Law – It’s Just Paper”

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This previous post discussing the DOJ’s recent release of a non-binding guidance document titled “The Evaluation of Corporate Compliance Programs” (ECCP) noted that the ECCP is not a legal document that establishes liability for non-compliance. In other words, if compliance professionals and others strive to have a compliance program that exceeds statutory requirements that is great, but it is not legally required. (See also this recent FCPA Flash podcast episode discussing related concepts as well as here).

Earlier this week new Principal Deputy Associate Attorney General Claire McCusker Murray (pictured) delivered this speech in which she touches upon similar issues and made the spot-on observation that “subregulatory guidance isn’t law – it’s just paper.”

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FCPA Flash Podcast – A Conversation With Ryan McConnell Regarding The DOJ’s “Evaluation Of Corporate Compliance Programs” Policy Document

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The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Ryan McConnell (a former federal prosecutor and founder of the boutique Houston law firm R. McConnell Group). The focus of the podcast is the DOJ’s recent release of a policy document titled “Evaluation of Corporate Compliance Programs” (see here and here for prior posts) and during the podcast McConnell responds to the following questions: (i) whether the business community deserves more stability rather than ever-changing DOJ guidance; (ii) how the recent guidance is not really an update, but more of a consolidation” of prior guidance and thus generally a yawner; (iii) why the word “effective” is so prominently mentioned in the guidance; and (iv) how business organization compliance with the guidance should be measured.

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The FCPA Repeat Offender List May Substantially Grow

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Previous posts here and here have highlighted the numerous companies which have resolved not just one, but two, Foreign Corrupt Practices Act enforcement actions.

The FCPA repeat offender list may substantially grow as Reuters reports that “the U.S. FBI is investigating corporate giants Johnson & Johnson, Siemens AG, General Electric Co and Philips for allegedly paying kickbacks as part of a scheme involving medical equipment sales in Brazil.”

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This Week On FCPA Professor

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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.

This post highlights additional issues to consider from the recent enforcement action against Telefonica Brasil.

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Friday Roundup

Roundup

Sentenced, just saying, scrutiny alerts and updates, fallout, and what’s the difference? It’s all here in the Friday roundup.

Sentenced

As highlighted in this prior post, earlier this year Frank James Lyon (the owner of Lyon Associates Inc. – a privately held engineering and consulting company headquartered in Hawaii) pleaded guilty to violating the Foreign Corrupt Practices Act (based on things of value provided to officials in the Federated States of Micronesia) as well as paying bribes to an agent of an organization receiving federal funds (based on things of value provided to officials with a Hawaii governmental agency – State Agency).

As highlighted in this DOJ release, Lyon was recently sentenced to 30 months in prison.

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