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August 15, 2018 — Bruce Searby


In this episodeBruce Searby (Searby LLC and former enforcement attorney in the DOJ's FCPA Unit) expands upon points made in an article titled "FCPA Liability for Hiring Practices Gain New Credence" including how this enforcement theory is "expansive," how "no FCPA hiring case has been tested in court," how in certain of the enforcement actions there are hints that the "government may struggle to establish all the elements required for an anti-bribery violation of the FCPA," and how "building cases against individuals may be particularly challenging."


July 25, 2018 — Harold Kim


In this episode, Harold Kim (Executive Vice President, U.S. Chamber Institute for Legal Reform) discusses recent DOJ FCPA enforcement policy developments, the continued viability of an FCPA compliance defenses, as well as the general lack of FCPA policy developments from the SEC.


July 11, 2018 — Alice Fisher


In this episodeAlice Fisher (Latham & Watkins and former Assistant Attorney General in charge of the DOJ's Criminal Division) discusses: the DOJ's recent non-binding policy discouraging "piling on";  the DOJ's FCPA Opinion Procedure program; whether the DOJ's long-standing efforts to encourage voluntary disclosure have failed; whether FCPA enforcement (in terms of resolution vehicles, enforcement theories, DOJ/SEC policy, etc.) has evolved for the better or the worse since her time at the DOJ; and what about the FCPA (the actual statute) or FCPA enforcement (DOJ/SEC enforcement policy, resolution vehicles, etc.) should change and why.


June 25, 2018 — Bradley Bondi


In this episode, Bradley Bondi (Cahill Gordon & Reindel LLP) discusses a recent House hearing he testified at that touched upon FCPA relevant issues such as disgorgement and statute of limitation issues. In addition, based on his comment during the hearing that "few would consider a local police force successful in deterring crime if it announced record numbers of arrests year after year," Bondi opines whether the FCPA is being successful in accomplishing its objectives.


June 19, 2018 — Philip Rohlik


In this episodePhilip Rohlik (Debevoise & Plimpton) discusses the Dun & Bradstreet enforcement action and questions just what criminal charges the DOJ actually declined and discusses other issues relevant to the so-called declination; discusses the concerning internal controls standard the SEC invoked in the enforcement action; and takes issue with certain commentary regarding the enforcement action.


May 30, 2018 — Machua Millett


In this episode, Machua Millett (Chief Innovation Officer, FINPRO US Marsh) discusses FCPA insurance. In 2012, FCPA Professor published this Q&A with Millett regarding the issue and in the podcast Millett provides an update on the relevant issues.


May 17, 2018 — James Koukious


In this episodeJames Koukios (Morrison & Foerster and former Senior Deputy Chief of the DOJ's Fraud Section) elaborates on various points he made in this recent article including: (i) how FCPA enforcement has made "significant and positive contributions to the development of compliance programs and standards; (ii) how regulators and prosecutors may take "unfair and impractical [FCPA] positions;" and (iii) how "FCPA enforcement should not be so puritanical as to stifle legitimate business opportunities or cause companies to overspend on ineffective compliance measures."


April 26, 2018 — Jason Prince


In this episodeJason Prince (Holland & Hart - Boise and Washington D.C.) discusses: (i) FCPA issues for companies in the Rocky Mountain West; (ii) the similarities and differences between FCPA compliance and compliance with other export or international trade regulations; and (iii) how former Idaho Senator Frank Church (who was instrumental in crafting the FCPA) might think about the modern era of FCPA enforcement.


April 17, 2018 — Adriaen Morse


Adriaen Morse is among a small number of individuals who has experienced the FCPA from three different vantage points (SEC enforcement attorney, in-house counsel, and private practitioner). In this episode, Morse discusses his different FCPA vantage points including: (i) which job category of the three is the most difficult and why; and (ii) which job category of the three can best advance the objectives of the FCPA?


April 3, 2018 — Camilla de Silva


In this episode, Camilla de Silva (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office) discusses: whether the Bribery Act (including "hard" and "soft" enforcement) has been successful in achieving its objectives; the SFO's position on ISO 37001 (it doesn't have a position); whether the Rolls-Royce enforcement action (see here for a prior post) conflicted with Article 5 of the OECD Convention; and the U.K.'s approach to multi-jurisdictional issues.


March 20, 2018 — Sandra Orihuela and Gregory Paw


In this episodeGregory Paw (Pepper Hamilton) and Sandra Orihuela (Orihuela Abogados - Lima, Peru and Miami) discuss the broader ramifications in South America and Latin America of the 2016 FCPA enforcement action against Brazilian companies Odebrecht/Braskem and compliance trends in these regions in the aftermath of the notable enforcement action.


March 8, 2018 — Hannibal Kemerer


In this episodeHannibal Kemerer (Squire Patton Boggs and a former lead lawyer for Senator Arlen Specter) discusses: why Senator Specter held an FCPA oversight hearing in November 2010; what Senator Specter hoped to accomplish in the hearing, and whether the goals of the hearing were actually accomplished. Now in private practice, Kemerer also discusses the difference between approaching FCPA issues from a a private practitioner standpoint compared to a public policy standpoint.


February 21, 2018 — Michael Goldberg


In this episodeMichael Goldberg (Baker Botts who represented Cobalt International Energy in connection with several instances of FCPA scrutiny) discusses his client's FCPA scrutiny, the reasons for his client's refusal to settle, the negative effects Cobalt experienced despite prevailing, and how the world of investigations is broken and who shares the blame.


January 29, 2018 — Michael Levy


In this episode, Michael Levy (Paul Hastings) discusses his article "The SEC's Unlawful and Dangerous Expansion of the Exchange Act" regarding off-the-rails SEC FCPA enforcement and provides suggestions for how enforcement can get back on track given that no issuer has ever put the SEC to its burden of proof in the FCPA's 40-year history.  


January 10, 2018 — Bruce Yannett


In this episode, Bruce Yannett (Debevoise & Plimpton) identifies and elaborates on his list of the most notable issues from 2017: (i) the DOJ's "FCPA Corporate Enforcement Policy" and implications for self-reporting;  (ii) international enforcement and the continuing rise of coordinated settlements; and (iii) the fallout from Kokesh v. SEC and how to balance SEC, DOJ and international enforcement and statutes of limitation.


Kreller Group

FCPA Flash is sponsored by Kreller

For the past 30 years, Kreller has distinguished itself as a best-in-class enhanced due diligence provider.

Our investigative network leverages the talent and integrity of some of the best law enforcement, military specialists, business correspondents, and government contacts worldwide.  With firsthand knowledge of the language, laws, regulations, political and economic climates and data availability in each country, Kreller provides reliable, compliant, and accurate information.  A licensed private investigations firm, Kreller’s competitive advantage is experience, quality, commitment, and customer service.

 

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