FCPA Flash – The Official Podcast of FCPA Professor
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In this episode, Judy Krieg (a U.S. educated lawyer in the U.K. offices of Shepherd and Wedderburn) talks about her recent post titled "UK DPAs - Have We Really Built a Better Mousetrap?" and discusses the U.K.'s emerging DPA regime; answers the above question; explains why certain recent UK DPAs "have had their accuracy and factual underpinnings questioned;" and opines whether DPAs in the U.K. going forward will be the rule rather than the exception.
In this episode, Joseph Covington (Smith Pachter and former head of the DOJ's de facto FCPA unit in the early 1980's). The podcast is a must listen for anyone seeking a better understanding of the DOJ's "early" enforcement of the FCPA. In the episode, Covington also 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.
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.
In this episode Sherbir Panag (managing partner of the New Delhi office of Panag & Babu) addresses the question of whether doing business in India is possible without paying bribes; talks about the “bribery panic” that often results in India; discusses how companies can best navigate India’s “Licence Raj”; and provides advice for how companies can “Indianise” FCPA compliance programs.
In this episode Marc Bohn (Miller & Chevalier) previews Kokesh v. SEC, a case recently accepted by the Supreme Court which presents the issue of whether a five-year statute of limitations applies to SEC claims for disgorgement. Although not an FCPA matter, disgorgement is the predominate remedy the SEC seeks in corporate FCPA actions and Bohn discusses the potential impact of the Kokesh decision on FCPA compliance, internal investigation, and enforcement issues.
In this episode Karen Popp (Sidley Austin - an FCPA practitioner with prior DOJ experience) provides her list of the top 2016 developments including: international collaboration, a DOJ initiatives "scorecard," and reflections on the Leslie Caldwell / Andrew Weissmann era at the DOJ; and the continued prominence of compliance and the potential for even greater expectations in the Trump administration.
FCPA Flash is sponsored by Kroll
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