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FCPA Flash Podcast – A Conversation With Jonathan Rusch Regarding DOJ 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 Jonathan Rusch (former official in the DOJ fraud section, former in-house FCPA counsel at Wells Fargo, and current a principal at DTG Risk & Compliance). During the podcast, Rusch discusses his 2016 published open memo to the DOJ for how it can do its job better and discusses recent events such as the DOJ abandoning its prior formal compliance counsel position, the DOJ’s new monitor policy and the DOJ’s “anti-piling” on policy.

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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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DOJ Recognizes “The Need For Better Defined ‘Rules Of The Road’ In Corporate Enforcement

rules of the road

Yesterday, Principal Deputy Assistant Attorney General John Cronan delivered this FCPA speech in Brazil.

In the speech, Cronan stated that the DOJ recognizes “the need for better defined ‘rules of the road’ in corporate enforcement” and that the DOJ “has taken affirmative steps to make our prevailing ‘rules of the road’ as plain and predictable as possible” citing as evidence, among other things, the DOJ’s November 2017 Corporate Enforcement Policy (CEP). (See here for numerous prior posts).

In honor of the start of the basketball season, I call a time out – a full time out!

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Issues To Consider From The Petrobras Enforcement Action

Issues

This previous post went in-depth into the DOJ and SEC’s recent Foreign Corrupt Practices Act enforcement action against Petrobras which resulted in a net approximate $170 million enforcement action. This post continues the analysis by highlighting additional issues to consider.

First

The Petrobras enforcement action is believed to be the first ever FCPA enforcement action against a foreign government. As stated by the DOJ, Petrobras is a “state-owned and controlled oil and gas company.” As stated by the SEC, Petrobras is a “Brazilian government-controlled oil and gas company.” Reflective of this unusual aspect of the Petrobras enforcement action, the DOJ’s NPA states:

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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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