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Assistant Attorney General Leslie Caldwell On Transparency, The DOJ’s FCPA Pilot Program, And Corporate Compliance


Yesterday, Assistant Attorney General Leslie Caldwell participated in an event at George Washington University Law School focused on the Foreign Corrupt Practices Act. The DOJ released these prepared remarks that will be familiar to most FCPA practitioners in that the speech did not break any new ground.

Ms. Caldwell spoke at great length about transparency (similar to this April 2015 speech she delivered on the topic) and added how the DOJ’s FCPA Pilot Program (announced in April 2016) was an effort in increase transparency.

This is an interesting statement given that the majority of the DOJ’s so-called declination letters under the Pilot Program merely reference “potential” FCPA violations and offer no substance whatsoever regarding the “potential” violations.

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Issues To Consider From The Embraer Enforcement Action


This previous post went in-depth into the Foreign Corrupt Practices Act enforcement action against Embraer.

This post continues the analysis by highlighting additional issues to consider from the enforcement action.


In previous SEC filings Embraer stated: “In September, 2010, we received a subpoena from the Securities and Exchange Commission, or SEC, and associated inquiries from the U.S. Department of Justice, or DOJ, concerning possible non-compliance with the U.S. Foreign Corrupt Practice Act, or FCPA, in relation to certain aircraft sales outside of Brazil.”

Thus from start to finish Embraer’s FCPA scrutiny lasted over six years.

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ISO 37001 Is A Complete Yawner


Last week the International Organization for Standardization (ISO) released ISO 37001 anti-bribery management systems – requirements with guidance for use. (See here for ISO’s release and here for a summary document. To obtain the actual document you have to pay for it which I regret that I did).

One’s view of ISO 37001 likely depends on one’s background, experience and motivation.

If you are familiar with the numerous sources of best practices in the anti-bribery space, then ISO 37001 is a complete yawner, indeed a disappointment as several best practices are not even captured in the purported best practices document.

If you are not familiar with the numerous sources of best practices in the anti-bribery space, and/or you are seeking to market your compliance practice, then ISO 37001 is probably a big deal.

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Are You Ready For Some Football? How A Successful Football Organization Can Inform FCPA Compliance In A Business Organization


Are you ready for some football?

For most U.S. readers, the answer is likely “yes” as the football season is arguably the most anticipated sports season and one that transforms the weekends of many (not to mention Monday nights and with increasing frequency Thursday nights).

For Foreign Corrupt Practices Act professionals, understanding the game is not just a professional diversion, but one that can actually add professional value as well.

The reason is because understanding what makes a football organization successful can also inform FCPA compliance in a business organization.

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FCPA Flash – A Conversation With David Simon Regarding Cost-Effective And Difference-Making FCPA Compliance

FCPA Flash

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 the written posts on FCPA Professor.

This FCPA Flash episode is a conversation with David Simon (Foley & Lardner). In the episode, Simon discusses a disconnect between where FCPA compliance resources are being spent (specifically third-party issues and gifts, travel and entertainment) and where meaningful anti-bribery compliance progress can actually be made.

While some may view the general discussion of cost-effective and difference-making FCPA compliance to be provocative, it is an essential conversation to have that impacts real companies competing in good faith in the global marketplace, often in the face of seemingly inconsistent and counterproductive enforcement agency guidance.

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