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An FCPA Enforcement Action Against A U.S. Company Is More Than Twice As Likely To Originate From A Voluntary Disclosure Compared To An FCPA Enforcement Action Against A Non-U.S. Company

Statistical Analysis

At last week’s FCPA Institute – Boston (attended by a diverse group of professionals from leading companies and firms from around the world) a participant asked about any differences between the percentage of U.S. company Foreign Corrupt Practices Act enforcement actions that originate with a voluntary disclosure vs. FCPA enforcement actions against non-U.S. companies that originate with a voluntary disclosure.

I responded that U.S. company enforcement actions were much more likely to result from voluntary disclosures compared to non-U.S. company enforcement actions, but promised to provide the actual numbers and they are set forth below (courtesy of FCPAnalytics).

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Issues To Consider From The Juniper Networks Enforcement Action

Issues

This prior post highlighted the SEC’s $11.7 million Foreign Corrupt Practices Act enforcement action against Juniper Networks. This post continues the analysis by highlighting additional issues to consider.

Timeline

As highlighted in this prior post, Juniper Networks disclosed its FCPA scrutiny in mid-2013. Thus, from start to finish the company’s FCPA scrutiny lasted an unconscionable six years.

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What The Heck?

perplexed

In running FCPA Professor, I search for Foreign Corrupt Practices Act content every day, 7 days a week, 12 months a year, 9 years running. In doing this, I have favorite sources and like reading some content better than others.

Transcripts of calls between investment analysts and corporate executives are always interesting as the Q&A sessions tend to be spontaneous and unscripted.

As highlighted in this prior post, on August 15th, Panama based Avianca Holdings S.A. (a company with shares traded on the New York Stock Exchange) disclosed:

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Deputy Assistant Attorney General Matthew Miner On ….

miner

Recently Deputy Assistant Attorney General Matthew Miner delivered this speech at an American Bar Association event in Prague.

During the speech, Miner touched upon international cooperation; the DOJ’s so-called “no piling on” policy; the DOJ’s “Evaluation of Corporate Compliance Programs” guidance document; gathering evidence in foreign countries; voluntary disclosure, cooperation and so-called declinations; and enforcement actions against foreign companies.

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“Frankly, If You Bring In A Couple Billion Dollars A Year, You Just Keep On Going,” And Other Musings From Former FCPA Prosecutors

listeningin

This Trace International Bribe, Swindle or Steal podcast is a recording of a recent panel discussion between former FCPA prosecutors Charles Duross (DOJ), Nat Edmonds (DOJ) and Richard Grime (SEC).

It is an informative listen on several levels including voluntary disclosure and international cooperation and set forth below are some of the more candid comments from the former FCPA prosecutors.

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