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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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DOJ’s Cronan On The “Importance Of Law Enforcement And Private Industry Working Together” (With Rebuttal Points)

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Yesterday, DOJ Principal Deputy Assistant Attorney General John Cronan delivered this speech “about the importance of law enforcement and private industry working together in pursuit of common, shared objectives.”

Cronan’s speech touched upon a number of topics including the DOJ’s FCPA Corporate Enforcement Policy, so-called declinations, transparency in law enforcement, and merger and acquisition issues. This post excerpts the speech and provides various rebuttal points.

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Identifying Chinese Companies For FCPA Violations Conflicts With The OECD Convention

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Perhaps it is neither here nor there 40 years later, but the FCPA’s legislative history is clear that Congress enacted the Foreign Corrupt Practices Act motivated primarily by selfish foreign policy reasons, not altruistic do-good reasons. (See here for the article “The Story of the FCPA”).

I was reminded of this when reading this recent DOJ press release announcing its China Initiative. Among the ten specifically identified components of the initiative is the following: “identify Foreign Corrupt Practices Act (FCPA) cases involving Chinese companies that compete with American businesses.”

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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

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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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