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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This post highlights an interesting turn of events in the FCPA enforcement action against Joseph Baptiste and Roger Boncy as the DOJ discovered exculpatory evidence. Shortly thereafter, the DOJ dropped the enforcement action against the individuals in what can only be described as a debacle. (See here).

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What You Need To Know From Q2

Q2

This post provides a summary of Foreign Corrupt Practices Act enforcement activity and related developments from the second quarter of 2022. (See here for the first quarter of 2022).

DOJ Enforcement (Corporate)

The DOJ brought two corporate enforcement actions in the second quarter. Net settlement amounts in these enforcement actions was approximately $478 million.

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What Does Effective Mean?

people thinking

Kroll’s recent 2022 Anti-Bribery and Corruption Benchmarking Report caught my eye (and not just because it contains beautiful photography of slot canyons and Moab, Utah area attractions such as Delicate Arch – from different vantage points – and Corona Arch).

According to the report:

“In February 2022, Kroll analyzed data from 100 U.S. and Canadian compliance professionals, the vast majority of whom projected confidence in their firms’ ability to meet challenges posed by new or tightened regulations.

In the U.S. and Canada, 70% of survey respondents ranked their companies’ ABC programs as effective, including 45% that ranked them as very effective. Over 60% attributed their confidence in the programs to the results of internal audits and the absence of bribery or corruption incidents identified to date. Respondents also overwhelmingly maintained that their organizations are meaningfully committed to a culture of integrity (74%), that senior management within the organization supports the compliance function (75%) and signals that compliance and accountability are important (75%), that new business initiatives receive appropriate risk assessment (72%) and that performance goals and incentives do not conflict with compliance processes (74%).”

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Once Again The Supreme Court Rejects The DOJ’s Overly Expansive Interpretation Of A Criminal Statute

supremecourt

A post of this nature has appeared on these pages approximately fifteen times.

Even though the current Supreme Court is often ideologically divided, the Court has shown remarkable consistency in recent years in rejecting (often times unanimously) overly expansive interpretations of a criminal statute by the Department of Justice.

The latest example occurred earlier this week in Ruan v. U.S. – a unanimous decision of the Supreme Court (as to outcome) authored by Justice Breyer.

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What A Debacle: DOJ Dismisses Enforcement Action Against Baptiste and Boncy

dismal

What a debacle.

The latest in a long line of embarrassing (and stunning) DOJ setbacks in individual FCPA enforcement actions. (See herehere and here).

First the relevant background.

In 2017 (in connection with an undercover string) the DOJ unsealed criminal charges against Joseph Baptiste (a retired U.S. Army Colonel, practicing dentist, and founder / president of a Maryland-based Haitian focused non-profit) for alleged Haitian bribery.  In 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct. (See here).

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