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FCPA Flash Podcast – A Conversation With Marc Bohn Regarding Disgorgement And Statute Of Limitations

The FCPA Flash podcast [1] 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.

Since the SEC first sought a disgorgement remedy in an FCPA enforcement action in 2004, disgorgement has become the dominant remedy sought by the SEC in corporate FCPA enforcement actions. This FCPA Flash episode [2] is a conversation with Marc Bohn [3] (Miller & Chevalier) in which he previews Kokesh v. SEC [4], a case recently accepted by the Supreme Court which presents the issue of whether the five-year statute of limitations in 28 U.S.C. § 2462 [the same limitations period at issue in FCPA civil matters] applies to claims for disgorgement. Although not an FCPA matter, Bohn discusses the potential impact of the Supreme Court’s decision on FCPA compliance, internal investigation, and enforcement issues. More broadly, the podcast also discusses statute of limitation issues given that many corporate FCPA enforcement actions involve “old” conduct.

FCPA Flash is sponsored by the Red Flag Group [5]. The Red Flag Group assists companies in developing and maintaining efficient and effective corporate governance and compliance programs, and has a proven track record in providing integrity due diligence investigations in 194 countries.

Free 90 Minute 2017 FCPA Year In Review Video

A summary of every corporate enforcement action; notable statistics and issues to consider; compliance take-away points; and enforcement agency and related developments. Click below to view the engaging video tutorial.

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