FCPA Flash – The Official Podcast of FCPA Professor
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In this episode, experienced FCPA practitioner Lucinda Low (Steptoe & Johnson): (i) provides an assessment of 2019 FCPA enforcement thus far; (ii) discusses the long time periods associated with FCPA scrutiny; (iii) explores the broadness of FCPA enforcement specifically the FCPA’s accounting provisions; and (iv) highlights why she believes the FCPA should be amended to include a compliance defense.
In this episode, Ephraim (Fry) Wernick (Vinson & Elkins and the former Assistant Chief in the DOJ's FCPA Unit) discusses the Walmart enforcement action including the imposition of a monitor, the long time periods associated with FCPA scruitny, and highlights two things about the DOJ’s FCPA unit and its enforcement program that he believes are not well understood or appreciated by the business community or FCPA bar.
In this episode, Andy Rickman (Rickman Law Group - an attorney who represents whistleblowers in connection with FCPA issues) discusses: (i) how he became an FCPA whistleblower attorney; (ii) trends with respect to FCPA whistleblowers; and (iii) matters in which he has been involved.
In this episode, Ryan McConnell (a former federal prosecutor and founder of the boutique Houston law firm R. McConnell Group) responds to the following questions regarding the DOJ's April release of a policy document titled "Evaluation of Corporate Compliance Programs:" (i) whether the business community deserves more stability rather than ever-changing DOJ guidance; (ii) how the recent guidance is not really an update, but more of a consolidation" of prior guidance and thus generally a yawner; (iii) why the word "effective" is so prominently mentioned in the guidance; and (iv) how business organization compliance with the guidance should be measured.
In this episode, Sandra Moser (a partner at Quinn Emanuel and the former chief of the DOJ’s Fraud Section discusses: (i) things that corporate counsel or FCPA practitioners fail to realize or understand about the DOJ’s FCPA enforcement program; (ii) the DOJ’s so-called “no piling on” policy and whether the time has come for the DOJ simply to back off of FCPA enforcement actions against foreign companies from OECD Convention countries; (iii) whether the FCPA has been successful in achieving its objectives; and (iv) where the FCPA is headed and predictions for what corporate counsel, FCPA practitioners, and government enforcement officials will be talking about in 10 years.
In this episode, Ira Raphaelson (White & Case and an individual who has encountered the FCPA and related topics from a variety of positions including lawyer in private practice, senior executive and general counsel at publicly-traded companies, as a corporate director, and as a DOJ prosecutor) discusses: the following topics: whether the FCPA has been successful in achieving its objectives; how in-house counsel have the most challenging FCPA position; the most important FCPA development over the last decade; how the FCPA or FCPA enforcement can be improved; and what the future holds for the FCPA.
In this episode, Laura Brookover (Covington & Burling and former lawyer at the Commodity Futures Trading Commission - CFTC) discusses the CFTC's recent enforcement advisory concerning "violations of the Commodity Exchange Act (CEA) involving foreign corrupt practices" including the background of the CFTC and the CEA; why the CFTC may have issued the advisory; what type of conduct involving foreign corrupt practices could fall under the CEA; and various issues associated with CFTC actions.
In this episode, Frederic Pierucci (a French national who plead guilty to FCPA offenses concerning conduct in Indonesia) talks about his book “The American Trap," what motivated him to write the book, and his views that the FCPA is a “tool to destabilize” European companies and how the U.S.’s use of the FCPA is like “underground economic warfare.”
In this episode, James Noe (special counsel with Jones Walker who previously served in various in-house counsel and executive roles with various oil and gas companies) discusses: the easiest and most difficult aspects of FCPA compliance in the oil and gas industry; the extent of facilitating payments in the industry; whether oil and gas companies are too risk averse when it comes to FCPA issues; and civil actions by industry participants when losing business because of a refusal to make bribe payments.
In this episode, Philip Urofsky (Shearman & Sterling and a former FCPA enforcement official at the DOJ) elaborates on various issues such as jurisdiction over foreign actors and parent-subsidiary issues found in the firm’s always informative FCPA Digest. Urofsky also opines on what the FCPA enforcement landscape might look like if business organizations would put the government to its burden of proof in enforcement actions.