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Downtime FCPA Listening List

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Traveling for the Thanksgiving holiday and have some downtime for listening?

Consider the FCPA Flash podcast.

Simply need a reason to excuse yourself early from the family gathering?

The FCPA Flash podcast can help with that as well.

The FCPA Flash podcast was launched in February 2016 and has quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Sponsored by Kroll, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.

What makes FCPA Flash worth your listen is the roster of highly experienced guests who offer candid expert commentary on the top FCPA (and related) issues of the day. Check out the below episodes to elevate your FCPA knowledge, sophistication, and practical skills.

Kara Brockmeyer

In this episode, Kara Brockmeyer (Chief of the SEC’s FCPA Unit between 2011 – 2017) looks back at her time at the SEC including what she views as the most significant matters / trends; discusses a few items that, in her view, are not well-understood or appreciated about the SEC’s FCPA enforcement program; explains theories of enforcement regarding the FCPA’s internal controls provisions; and shares insights regarding the SEC’s whistleblower program relevant to the FCPA.

David Bitkower

In this episode, David Bitkower (former Principal Deputy Assistant Attorney General for the DOJ Criminal Division and current partner at Jenner & Block) discusses multilateral bribery settlements including whether it is ever appropriate for the U.S. to bring FCPA enforcement actions against foreign companies from OECD Convention countries. Bitkower also discusses whether the FCPA, as it approaches 40, has been successful in achieving its stated objectives.

Neil Smith

In this episode, Neil Smith (former senior counsel in the SEC Enforcement Division and member of the SEC’s FCPA Unit and current partner at K&L Gates) discusses: SEC remedies in FCPA enforcement actions, the SEC’s theory of enforcement around the FCPA’s internal controls provisions, the impact of the Supreme Court’s recent Kokesh decision on SEC FCPA enforcement, and changes to the FCPA and FCPA enforcement that he would like to see.

Claudius Sokenu

This episode is a conversation with Claudius Sokenu. Sokenu is among a small number of individuals who has experienced the FCPA from three different vantage points. First, Sokenu was Senior Counsel at the SEC’s Enforcement Division where he worked on FCPA matters. Second, Sokenu was a partner at various leading law firms where his practiced focused on the FCPA. Currently, Sokenu is Deputy General Counsel and Global Head of Compliance at Andeavor.

Richard Grime

In this episode, Richard Grime (Gibson, Dunn & Crutcher and former Assistant Director of SEC Enforcement) discusses: (i) reasons for the general increase in FCPA enforcement (among the reasons mentioned is “the government has realized this is a money-winner”; (ii) whether FCPA enforcement, including the internal control’s provisions, has been pushed beyond the breaking point (in Grime’s words yes it has and “almost any conduct becomes subject to an enforcement vehicle”); and (iii) whether long, drawn-out FCPA investigations can be avoided. The episode is a must listen if you want to hear informed and candid commentary about the current FCPA enforcement landscape from someone who used to enforce the FCPA.

Joseph Covington

In this episode, Joseph Covington (Smith Pachter and former head of the DOJ’s de facto FCPA unit in the early 1980’s) discusses “early” FCPA enforcement and offers a candid assessment of how FCPA enforcement has changed; whether the FCPA has been successful in achieving its objective of reducing bribery; and why he continues to support an FCPA compliance defense. The episode is a must listen for anyone seeking a better understanding of the DOJ’s “early” enforcement of the FCPA.

Jay Darden

In this episode, Jay Darden (Paul Hastings and former Assistant Chief of the DOJ’s Fraud Section) discusses what FCPA practitioners need to understand about being a DOJ FCPA attorney and along the same lines what DOJ FCPA enforcement attorneys need to understand about being an FCPA practitioner. Darden also provides a list of things he would change about the FCPA or FCPA enforcement and comments on recent FCPA enforcement actions concerning internship and hiring practices.

Paul Pelletier

In this episode, Paul Pellletier (former Principal Deputy Chief of the DOJ’s fraud section) discusses the long time periods often associated with FCPA inquiries, FCPA investigative costs, and how the DOJ can best allocate its resources to fight bribery.

Paul Calli

In this episode, Paul Calli (an FCPA practitioner who has successfully defended individuals in FCPA trials) discusses the DOJ’s rather dismal FCPA trial court record and what it says about the DOJ’s modern FCPA enforcement program and how the DOJ measures success.

Billy Jacobson

In this episode, Billy Jacobson (Orrick and a former Assistant Chief in the DOJ’s FCPA Unit) discusses the DOJ’s FCPA “pilot program” announced in April 2016, his policy suggestions for more effective FCPA enforcement, an FCPA compliance defense and what the FCPA might look like if it was passed today (instead of 1977), and whether a business organization should put the DOJ to its burden of proof.

Homer Moyer

In this episode Homer Moyer (Miller & Chevalier) discusses whether the FCPA has been “successful,” the pros and cons of recent FCPA enforcement trends, various aspects of the DOJ’s FCPA “pilot” program, the typical length of FCPA scrutiny, and the costs of investigating potential FCPA violations.

Matthew Wagstaff

In this episode, Matthew Wagstaff (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office) discusses: (i) whether the Bribery Act’s adequate procedures defense has motivated corporates to adopt best practices compliance policies and procedures to a greater extent than prior to the Bribery Act; (ii) the U.K. deferred prosecution agreement regime; and (iii) the meaning of “success” of an anti-corruption law.

David Ogden

In this episode, David Ogden (WilmerHale and a former DOJ Deputy Attorney General) elaborates on a speech (see herefor the prior post) in which he criticized the DOJ’s “leverage based” enforcement approach. Specifically, Ogden discusses a wide range of negative consequences which flow from the DOJ’s enforcement approach.

(All FCPA Flash podcast episodes are available here).

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