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Attorney General Barr Discusses The DOJ’s Cooperation And Coordination With The SEC

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The Department of Justice and the Securities and Exchange Commission are separate law enforcement agencies.

However, in certain areas – including the Foreign Corrupt Practices Act – the law enforcement agencies often work together.

In this recent speech, Attorney General William Barr discussed the DOJ’s cooperation and coordination with the SEC.

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FCPA Flash Podcast – A Conversation With Patrick Campbell Regarding The Supreme Court’s Recent Decision In Gamble And Its Implications For FCPA Enforcement Including “Piling On”

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 Patrick Campbell (BakerHostetler) regarding an article he recently co-authored about the Supreme Court’s decision in Gamble v. U.S. about the Double Jeopardy Clause of the Fifth Amendment. During the podcast, Campbell: (i) describes the issue presented to the Supreme Court in Gamble; (ii) discusses why the decision in Gamble is FCPA relevant; and (iii) talks about the DOJ’s so-called anti-piling on policy.

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FCPA Flash Podcast – A Conversation With Former DOJ Fraud Section Chief Sandra Moser

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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 podcast episode is a conversation with Sandra Moser (Quinn Emanuel).  Moser is the former chief of the DOJ’s Fraud Section which has exclusive criminal enforcement authority of the FCPA. During the podcast, Moser discusses: (i) things that corporate counsel or FCPA practitioners fail to realize or understand about the DOJ’s FCPA enforcement program; (ii) the DOJ’s so-called “no piling on” policy and whether the time has come for the DOJ simply to back off of FCPA enforcement actions against foreign companies from OECD Convention countries; (iii) whether the FCPA has been successful in achieving its objectives; and (iv) where the FCPA is headed and predictions for what corporate counsel, FCPA practitioners, and government enforcement officials will be talking about in 10 years.

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FCPA Flash Podcast – A Conversation With Laura Brookover Regarding The CFTC’s Recent Enforcement Advisory

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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 Laura Brookover (Covington & Burling and former lawyer in the Enforcement Division of the Commodity Futures Trading Commission – CFTC). The podcast concerns the CFTC’s recent enforcement advisory concerning “violations of the Commodity Exchange Act (CEA) involving foreign corrupt practices” (see here for the prior post) and during the podcast Brookover discusses: the background of the CFTC and the CEA; why the CFTC may have issued the advisory; what type of conduct involving foreign corrupt practices could fall under the CEA; and various issues associated with CFTC enforcement actions.

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Deputy AG Rosenstein On A Variety Of FCPA Issues

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It is the end of November.

Thus, as sure as the sun rises in the east and dogs bark, our Foreign Corrupt Practices Act enforcement officials allowed themselves to be used as marketing props by a for profit conference firm to drive attendance to its paid event. (See here for how the selling of FCPA enforcement officials needs to stop).

In other words, a DOJ enforcement official spoke at ACI’s FCPA conference yesterday.

In this speech, Deputy Attorney General Rod Rosenstein talked about the rule of law, the DOJ’s no-piling on policy, the importance of individual prosecutions, and announced a tweek to DOJ policy regarding cooperation credit. Instead of requiring companies to identify every employee involved in criminal conduct, the DOJ’s new policy calls for companies to identify “every individual who was substantially involved in or responsible for the criminal conduct.”

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