FCPA Flash Podcast – A Conversation With James Koukios Regarding FCPA Enforcement And Compliance
The FCPA Flash podcast 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.
This FCPA Flash episode is a conversation with James Koukios (Morrison & Foerster and former Senior Deputy Chief of the DOJ’s Fraud Section). During the podcast, Koukios 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.”
Flipping The Panasonic Enforcement Action Allegations Into “Best Practices”
Compliance professionals should develop the skill of flipping enforcement action allegations into “best practices.”
In doing so, recognize that “best practices” are not necessarily legal requirements. The Foreign Corrupt Practices Act sets forth the law (not negotiated DOJ or SEC resolution vehicles not subjected to any meaningful judicial scrutiny) and when it comes to internal controls the law states that issuers shall ” devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that” certain specified objectives are met.
Nevertheless, compliance professionals need to be cognizant of allegations in enforcement actions for the simple reason that the DOJ and the SEC hold the big sticks and will have certain expectations of companies.
Friday Roundup
Funny, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup.
Funny
According to the FCPA Blog, there is “nothing too complicated or expensive” about FCPA compliance.
That’s funny because on a daily basis FCPA Blog content is flanked by approximately 20 blinking and flashing ads from FCPA Inc. participants.
FCPA Flash – A Conversation With Jason Prince
The FCPA Flash podcast 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.
This FCPA Flash episode is a conversation with Jason Prince (Holland & Hart who offices in Boise and Washington, D.C.). During the podcast, Prince 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.
Friday Roundup
Motion to dismiss filed, guilty plea, role reversal, adequate procedures, for the reading stack, and viewing suggestion. It’s all here in the Friday roundup.
Motion to Dismiss Filed
As highlighted in this prior post, in November 2017 the DOJ announced that Chi Ping Patrick Ho (of Hong Kong, China) and Cheikh Gadio (of Senegal) were criminally charged with conspiring to violate the Foreign Corrupt Practices Act, violating the FCPA, conspiring to commit international money laundering, and committing international money laundering.
Earlier this week, Ho filed this motion to dismiss certain of the FCPA and money laundering charges.