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Deputy Assistant AG Miner On M&A Issues, The DOJ’s Opinion Procedure Program, And Other Issues (With Rebuttal)

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As highlighted in this prior post, while in private practice Matthew Miner criticized the “Yates Memo,” DOJ transparency, the deficiencies of DOJ guidance as a solution in the FCPA space, and the FCPA’s “foreign official” element.

Now that he is Deputy Assistant Attorney General and – in his words – “wear[ing] a different hat,” Miner largely read from the DOJ’s FCPA script in this speech yesterday.

This post excerpts Miner’s speech and provides various rebuttal points.

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FCPA Flash Podcast – A Conversation With Harold Kim (U.S. Chamber Institute For Legal Reform) On FCPA Enforcement Policy And Reform

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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 Harold Kim (Executive Vice President, U.S. Chamber Institute for Legal Reform). During the podcast, Kim discusses recent DOJ FCPA enforcement policy developments, the continued viability of an FCPA compliance defenses, as well as the general lack of FCPA policy developments from the SEC.

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FCPA Flash – A Conversation With Alice Fisher Regarding DOJ FCPA Enforcement And Policy

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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 Alice Fisher (Latham & Watkins and former Assistant Attorney General in charge of the DOJ’s Criminal Division). During the podcast, Fisher discusses: the DOJ’s recent non-binding policy discouraging “piling on”;  the DOJ’s FCPA Opinion Procedure program in light of her 2006 comments as Assistant AG that the program should “be something that is useful as a guide to business”; whether the DOJ’s long-standing efforts to encourage voluntary disclosure have failed (for instance in the same above-linked speech Fisher stated: “I can tell you [companies] in unequivocal terms that you will get a real benefit” for voluntary disclosure; whether FCPA enforcement (in terms of resolution vehicles, enforcement theories, DOJ/SEC policy, etc.) has evolved for the better or the worse since her time at the DOJ; and what about the FCPA (the actual statute) or FCPA enforcement (DOJ/SEC enforcement policy, resolution vehicles, etc.) should change and why.

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Once Again The DOJ Shoots Itself In The Foot

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This is the fourth time this general post has appeared on these pages (see here, here and here for prior posts).

So here it goes again.

The Department of Justice has long wanted companies to voluntarily disclose conduct that implicates the Foreign Corrupt Practices Act. Why then does the DOJ continually make decisions that should result in any board member, audit committee member, or general counsel informed of current event not making the decision to voluntarily disclose?

The recent Societe Generale enforcement action (see here and here for prior posts) is just the latest example.

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FCPA Flash Podcast – A Conversation With Bruce Yannett Regarding The Top Issues From 2017

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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 Bruce Yannett (Debevoise & Plimpton). Yannett has a wealth of experience in FCPA matters and among his many engagements was representing Siemens and Rolls Royce in connection with FCPA and related scrutiny.

During the podcast, Yannett identifies and elaborates on his list of the most notable issues from 2017: (i) the DOJ’s “FCPA Corporate Enforcement Policy” and implications for self-reporting;  (ii) international enforcement and the continuing rise of coordinated settlements; and (iii) the fallout from Kokesh v. SEC and how to balance SEC, DOJ and international enforcement and statutes of limitation.

 

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