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Yet Again, The DOJ Shoots Itself In The Foot

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This is the fifth time this general post has appeared on FCPA Professor (see hereherehere, and here for prior posts).

So here it goes again.

The Department of Justice has long wanted companies to voluntarily disclose conduct that implicates the Foreign Corrupt Practices Act. Why then does the DOJ continually make decisions that should result in any board member, audit committee member, or general counsel informed of current events not making the decision to voluntarily disclose?

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Deputy Assistant Attorney General Matthew Miner On A Variety Of FCPA Issues (With Commentary)

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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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FCPA Flash – A Conversation About Voluntary Disclosure On Both Sides Of The Atlantic

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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 Keith Rosen and Pamela Reddy (both attorneys with Norton Rose Fulbright, Rosen in Washington, D.C. and Reddy in London). Along with other Norton Rose attorneys, Rosen and Reedy recently authored an article titled “Self-Reporting Bribery: The Ongoing Dilemma” that caught my eye.  During the podcast, Rosen and Reddy highlight voluntary disclosure dynamics on both sides of the Atlantic and whether the enforcement agencies are actually “shooting themselves in the foot (see here, herehere and here for prior posts) when it comes to encouraging voluntary disclosure.

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The DOJ’s Latest FCPA Rhetoric Doesn’t Even Pass The Smell Test

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Speeches by Foreign Corrupt Practices Act enforcement officials have long included over-the-top rhetoric. (See this article for a general summary).

This recent post highlighted a speech by DOJ Deputy Assistant Attorney General Matthew Miner. In the speech, Miner stated that when a company voluntarily discloses FCPA issues and engages in remedial actions, this frees up DOJ resources and “these resources can then be directed to other cases, not only in the FCPA context, but also to other areas such as opioid enforcement, human trafficking, and crimes impacting vulnerable victims, like children and the elderly.”

The DOJ’s latest FCPA rhetoric does not even pass the smell test and set forth below are various reactions to this portion of Miner’s speech from FCPA practitioners.

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Issues To Consider From The Credit Suisse Enforcement Action

Issues

This post highlighted the recent $77 million Foreign Corrupt Practices Act enforcement action against Credit Suisse concerning its internship and hiring practices involving family members of alleged Chinese “foreign officials.” This post continues the analysis by highlighting additional issues to consider.

Timeline

Credit Suisse’s FCPA scrutiny appears to have begun in late 2013 (see here). Thus from start to finish, its scrutiny lasted approximately 4.5 years.

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