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Principal Deputy Assistant AG Cronan Delivers Yet Another FCPA Speech

Cronan

On October 18th, Principal Deputy Assistant Attorney General John Cronan delivered a speech in Brazil at an event hosted by a for-profit business that generally charges people to attend (see here for the prior post). On October 25th, Cronan delivered another speech in Washington, D.C. at another event hosted by the same for-profit business.

Why DOJ (and SEC) officials allows themselves to be used in such a way by profit-seeking businesses to drive attendance to their events is beyond me. (See prior posts here and here, among many others, for why the selling of FCPA enforcement attorneys needs to stop).

Ethics aside, in his speech Cronan talked about the DOJ’s priorities with respect to corporate enforcement, what the DOJ expects “from companies who choose to voluntarily self-disclose misconduct and seek to cooperate with law enforcement,” and the DOJ’s “commitment to reaching fair and equitable resolutions, including through the principles reflected in the Criminal Division’s policy with respect to monitors.”

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Deputy Assistant Attorney General Matthew Miner On A Variety Of FCPA Issues (With Commentary)

miner

Yesterday, Deputy Assistant AG Matt Miner delivered this speech.

It touched upon a number of Foreign Corrupt Practices Act issues including: the DOJ’s Corporate Enforcement Policy, voluntary disclosure, so-called declinations, coordinated resolutions, general compliance issues, and M&A transactions.

This post summarizes the speech and provides certain commentary.

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The FCPA Blog Continues To Muddy The Conversational Waters

muddy water2

Call me old-fashioned, but I believe that FCPA information sources should strive to make things more clear and not muddy the conversational waters.

Yet, the FCPA Blog seems to have a knack for the later (e.g. sorry FCPA Blog, but Legg Mason did not pay $2.4 million to the SEC, but rather $34.5 million) including its posts on so-called “declinations” which are then frequently flung into the FCPA’s echo chamber.

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What Viable Criminal Charges Against Guralp Systems Did The DOJ Actually “Decline”?

guralp

This July 2017 post highlighted the criminal conviction of Heon-Cheol Chi (Chi) of South Korea -“the Director of South Korea’s Earthquake Research Center at the Korea Institute of Geoscience and Mineral Resources (KIGAM) for “laundering bribes that he received from two seismological companies based in California and England through the U.S. banking system.”

The prior post noted that attention now turns to Kinemetrics (the California company) and Guralp Systems Ltd. (the U.K. company).

Recently, the DOJ quitely released this substantively vague so-called declination letter concerning Guralp Systems. However, as highlighted below it is difficult to analyze just what viable criminal charges against Guralp Systems that the DOJ actually “declined” to prosecute.

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

proposal

Including the first time I proposed this concept in 2010, this is the eight time I have written this general post (see herehereherehereherehere 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.

As highlighted in this prior post, in 2017 rental car company Hertz Global Holdings disclosed:

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