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Deputy Attorney General Rod Rosenstein On …


Recently DOJ Deputy Attorney General Rod Rosenstein delivered this speech in which he stated: “The Department’s rhetoric gets a lot of attention – the policy memos and speeches.  But performance is what matters most.”

I completely agree and that is why, over the years, FCPA Professor has profiled over 165 FCPA enforcement agency speeches and otherwise analyzed whether reality is consistent with rhetoric.

Thus, when Rosenstein states in his speech (as DOJ officials have for years) that its “resolve [is] to hold individuals accountable for corporate wrongdoing,” I say performance is what matters most and the last 20 DOJ corporate FCPA enforcement actions have lacked related criminal charges against company employees (and going back to 2008 approximately 80% of DOJ corporate FCPA enforcement actions have lacked related criminal charges against company employees) (see here).

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On The Intersection Of Antitrust Enforcement And Corruption


Recently Roger Alford (Deputy Assistant Attorney General of the DOJ’s Antitrust Division – who until recently was a law professor at Notre Dame) delivered this speech regarding the intersection of antitrust enforcement and corruption.

Prior to highlighting the speech, this post further explores the intersection by: documenting how Congress – in enacting the FCPA – considered whether the antitrust laws adequately captured the so-called foreign corporate payments at issue; and highlighting FCPA enforcement actions which also included antitrust charges.

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Friday Roundup


Interesting, more charges, sentenced, Telia-related, scrutiny alert, ISO-37001 related, across the pond, so true, odd, it can work, and for the reading stack. It’s all here in the Friday roundup.


According to this Global Investigations Review report based on documents received through the FOIA process, the DOJ approved $711,800 to spend on Hui Chen’s former compliance consultant position over two years. According to the report, Chen’s salary at the DOJ was greater than the DOJ criminal division chief, the deputy attorney general and the attorney general.

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Is Much Of FCPA Enforcement Even Consistent With The Rule Of Law?

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Deputy Attorney General Rod Rosenstein delivered another dandy speech earlier this week that any college or professional student should read for career advice. More broadly – similar to Rosenstein’s speech highlighted last week – he again spoke about the rule of law.

Specifically, Rosenstein correctly noted: “The term ‘rule of law’ refers to the principle that the United States is governed by law and not arbitrary decisions of government officials. Rule of law systems are characterized by consistency and predictability.”

Yet actions speak louder than words and this post encourages you to think whether much of FCPA enforcement is even consistent with the rule of law principles highlighted above.

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Deputy Attorney General Rosenstein Signals Change Is Coming To DOJ Policy Regarding Corporate Prosecutions


One of the best things ever written about the FCPA was penned by Robert Primoff who stated: “The government has the option of deciding whether or not to prosecute.  For practitioners, however, the situation is intolerable.  We must be able to advise our clients as to whether their conduct violates the law, not whether this year’s crop of administrators is likely to enforce a particular alleged violation.  That would produce, in effect, a government of men and women rather than a government of law.”

As highlighted in this prior post, the above was written in 1982, but it remains true today. Indeed, one disturbing dynamic of DOJ Fraud Section policy making is that it is largely driven by individuals – individuals who stay at the DOJ relatively briefly. Most recently, it was the 2015 “Yates Memo,” before that it was the 2008 “Filip Memo,” prior to that it was the 2006 “McNulty Memo,” prior to that it was the 2003 “Thompson Memo,” and prior to that it was the 1999 “Holder Memo.”

As highlighted in this report, yesterday Deputy Attorney General Rod Rosenstein signaled that change is yet again coming to DOJ policy regarding corporation prosecutions.

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