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Once Again, Rebooting A Long-Standing FCPA Proposal, This Time In The Aftermath Of A Recent Disclosure By Misonix

proposal

Including the first time I proposed this concept in 2010, this is the 9th time I have written this general post (see hereherehereherehereherehere and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future.

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the enforcement agency publicly state, in a thorough and transparent mannerthe facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

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Senator Amy Klobuchar On The FCPA

My Approved Portraits

Over the weekend, Senator Amy Klobuchar (D-MN) entered the crowded field of Democrats hoping to secure the party’s nomination for President.

This post highlights how Senator Klobuchar was a leading voice for FCPA reform in connection with the Senate’s 2010 FCPA hearing and aftermath. (See here for a transcript of the hearing and here for the video).

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Friday Roundup

Roundup

Transparency, hilarious, fact-checking, little sense, just saying, and for the reading and listening stack. It’s all here in the Friday roundup.

Transparency

The Project on Government Oversight (POGO) recently this document titled “Baker’s Dozen: 13 Policy Areas That Require Congressional Action” noting that a “lack of transparency around enforcement of the FCPA leaves lingering questions about its utility.” POGO then proposes:

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FCPA Flash Podcast – A Conversation With Tom Firestone Regarding The Demand Side Of Bribery

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 Tom Firestone (Baker & McKenzie). During the podcast, Firestone talks about his recent article titled “Two to Tango Attacking the Demand Side of Bribery” and how the demand side of bribery can be best addressed from a legal and policy perspective.

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Once Again, Rebooting A Long-Standing FCPA Proposal, This Time In The Aftermath Of A Recent Disclosure By Hertz

proposal

Including the first time I proposed this concept in 2010, this is the eight time I have written this general post (see herehereherehereherehere and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future.

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the enforcement agency publicly state, in a thorough and transparent mannerthe facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

As highlighted in this prior post, in 2017 rental car company Hertz Global Holdings disclosed:

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