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Once Again, Rebooting A Long-Standing FCPA Proposal, This Time In The Aftermath Of A Recent Disclosure By Ciena

proposal

Including the first time I proposed this concept in 2010, this is the 10th time I have written this general post (see herehereherehereherehereherehere and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future.

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the enforcement agency publicly state, in a thorough and transparent mannerthe facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

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Friday Roundup

Roundup

Cannabis industry, fooled me, questions abound, investigative fees and expenses, survey says, scrutiny alert, and for the reading stack.

It’s all here in the Friday roundup.

Cannabis Industry

This recent FBI public recording states: “As an increasing number of states change their marijuana legislation, the FBI is seeing a public corruption threat emerge in the expanding cannabis industry. States require licenses to grow and sell the drug—opening the possibility for public officials to become susceptible to bribes in exchange for those licenses.”

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Deputy Assistant Attorney General Matthew Miner On ….

miner

Recently Deputy Assistant Attorney General Matthew Miner delivered this speech at an American Bar Association event in Prague.

During the speech, Miner touched upon international cooperation; the DOJ’s so-called “no piling on” policy; the DOJ’s “Evaluation of Corporate Compliance Programs” guidance document; gathering evidence in foreign countries; voluntary disclosure, cooperation and so-called declinations; and enforcement actions against foreign companies.

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Friday Roundup

Roundup

Transparency, hilarious, fact-checking, little sense, just saying, and for the reading and listening stack. It’s all here in the Friday roundup.

Transparency

The Project on Government Oversight (POGO) recently this document titled “Baker’s Dozen: 13 Policy Areas That Require Congressional Action” noting that a “lack of transparency around enforcement of the FCPA leaves lingering questions about its utility.” POGO then proposes:

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Back To The 1980’s

80s

The 1980’s saw Foreign Corrupt Practices Act enforcement activity (see here for a summary of actions) as well as legislative developments as the FCPA – after several years of consideration – was finally amended in 1988.

Beyond these developments, there was also much FCPA media coverage on a range of topics and this post excerpts certain articles found in the Wall Street Journal during the 1980s.

Among other things, this media coverage demonstrates that there was angst regarding the ambiguous FCPA and that several companies were the subject of FCPA scrutiny without ultimately resolving an enforcement action. In the modern era, some have wrongly used the term “declination” to refer to such an event, but such events have occurred throughout FCPA history as the government routinely did not bring “flimsy,” “implausible” or “unproven” (terms used in the media coverage) enforcement actions.

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