For years, the DOJ has encouraged business organizations to voluntarily disclose Foreign Corrupt Practices Act issues.
For years, the DOJ has talked about transparency, consistency and predictability when it comes to FCPA enforcement. For instance, as highlighted in this prior post, in 2018 the DOJ’s Principal Deputy Assistant Attorney General gave a speech in which he stated that the DOJ recognizes “the need for better defined ‘rules of the road’ in corporate enforcement” and that the DOJ “has taken affirmative steps to make our prevailing ‘rules of the road’ as plain and predictable as possible.” Numerous other DOJ speeches or policy statements could also be cited.
This post highlighted the DOJ’s recent $19.6 million enforcement action against Beam Suntory – a highly unusual development given that the SEC previously brought a related enforcement action against the company approximately 2.5 years ago concerning the same core conduct. As highlighted in the prior post and below, several other aspects of the DOJ enforcement action were also unusual.