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Another Week, Another DOJ Speech As McFadden Talks FCPA And Related Topics In Brazil

mcfadden

Yesterday, Acting Principal Deputy Assistant Attorney General Trevor McFadden delivered this speech in Brazil.

As highlighted in this post, McFadden talked about “some recent developments regarding the DOJ’s international cooperation efforts,” “some of the diverse tools in [the DOJ’s] prosecutorial toolbox that allow [it] to prosecute corruption” and “the importance of transparency in our anti-corruption prosecutions.”

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Friday Roundup

Roundup

Quotable, no reliable way to measure, Microsoft explains, scrutiny alert, a direct selling license in China, and offensive use of the FCPA. It’s all here in the Friday roundup.

Quotable

Some think – or at least I’ve been told – that certain of my Foreign Corrupt Practices Act views are controversial or out of the “main stream” (whatever the “main stream” actually is or means). Yet, I am confident that much of what I write and talk about represents silent majority views.

Indeed, as I’ve commented before, one of the interesting things about writing about the FCPA and related issues on a daily basis is that often I just need to wait for a former FCPA enforcement official to say the same thing. 

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DOJ Is Noncommittal Regarding The Future Of Its FCPA Pilot Program, But Who Really Cares?

DOJ2

On April 5, 2016, the DOJ announced a one-year FCPA Pilot Program (see here for the prior post).

With just a few weeks left in the program, the DOJ could easily make an emphatic statement about the future of the program.

But that is not what Acting Assistant Attorney General Kenneth Blanco did last week in a speech at the ABA National Institute on White Collar Crime.

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The DOJ (And U.K. SFO) Are “Shooting Themselves In The Foot”

shootingselffoot

Both the Department of Justice and the Serious Fraud Office in the U.K. want companies to voluntarily disclose conduct that implicates the Foreign Corrupt Practices Act and/or Bribery Act. Notwithstanding the DOJ slapping a formal title on its policy goal in April 2016 (i.e. the FCPA Pilot Program), this has long been the articulated policy position on both sides of the Atlantic for nearly a decade.

Why then are the DOJ and SFO shooting themselves in the foot by making decisions that should result in any board member, audit committee member, or general counsel informed of current events not making the decision to voluntarily disclose?

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FCPA Flash Podcast – A Conversation With Karen Popp Regarding 2016 FCPA Enforcement And Policy Developments

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 written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Karen Popp (Global Leader of the Sidley Austin White Collar Practice). In the podcast Popp, an experienced FCPA practitioner with prior DOJ experience, provides her list of the top developments from 2016 including: international collaboration, a DOJ initiatives “scorecard,” reflections on the Leslie Caldwell / Andrew Weissmann era at the DOJ; and the continued prominence of compliance and the potential for even greater expectations in the Trump administration.

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