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FCPA Flash Podcast – A Conversation With Philip Urofsky Regarding 2019 FCPA Developments

By on January 27, 2020 in Cooperation, FCPA Flash, Uncategorized, Year in Review 2019
FCPA Flash

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 podcast episode is a conversation with Philip Urofsky (Shearman & Sterling and former DOJ FCPA prosecutor). Recently, the firm issued it always information “Recent Trends and Patterns in Enforcement of the FCPA” and during the podcast Urofsky talks about: (i) whether the government has continued to advance expansive FCPA enforcement theories; (ii) the government’s expectations surrounding cooperation including whether the government could be more specific; and (iii) new players in the anti-corruption enforcement world.

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The DOJ’s Latest Voluntary Disclosure Guidance Is Absurd

By on December 12, 2019 in Cooperation, DOJ FCPA Corporate Enforcement Policy, Enforcement Agency Policy, Voluntary Disclosure
absurd

Yet again, see here for a prior post, the Department of Justice recently revised its Foreign Corrupt Practices Act Corporate Enforcement Policy (CEP) – originally released in November 2017. (See here for the current version).

As highlighted below, while two of the three revisions make sense, the revision concerning voluntary disclosure is absurd.

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Deputy Assistant Attorney General Matthew Miner On ….

By on July 19, 2019 in Cooperation, Declination Decisions, DOJ Evaluation of Corporate Compliance Programs, Enforcement Agency Policy, Enforcement Agency Speeches, Merger Issues, Uncategorized, Voluntary Disclosure
miner

Recently Deputy Assistant Attorney General Matthew Miner delivered this speech at an American Bar Association event in Prague.

During the speech, Miner touched upon international cooperation; the DOJ’s so-called “no piling on” policy; the DOJ’s “Evaluation of Corporate Compliance Programs” guidance document; gathering evidence in foreign countries; voluntary disclosure, cooperation and so-called declinations; and enforcement actions against foreign companies.

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Is This A Reason Walmart Did Not Receive Full Cooperation Credit – If So It Is Distubring

By on July 16, 2019 in Cooperation, Wal-Mart
846-05647896 © ClassicStock / Masterfile Model Release: Yes Property Release: No 1960s MAN THINKING HAND PENCIL ON CHIN WEARING EYEGLASSES SERIOUS EXPRESSION

In the recent Walmart enforcement action, the DOJ’s NPA states that the company received “full credit” for its cooperation with the DOJ “into conduct in Brazil, China, and India and partial cooperation credit for its investigation into conduct in Mexico.”

The NPA further states: “the Company received partial credit for the conduct in Mexico because, in the view of the DOJ, Walmart did not timely provide documents and information to the DOJ in response to certain requests and did not deconflict with the DOJ’s request to interview one witness before the Company interviewed that witness.”

It would appear that the DOJ’s decision was based, in least in part, on this June 2018 Fourth Circuit decision in which the court, interpreting an agreement that the DOJ drafted, ruled against the DOJ. If true, it is disturbing that the DOJ would penalize a company for making legal arguments that were upheld by an appellate court.

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Principal Deputy Assistant AG Cronan Delivers Yet Another FCPA Speech

By on October 29, 2018 in Cooperation, Declination Decisions, DOJ, DOJ “Piling On” Policy, Enforcement Agency Policy, Enforcement Agency Speeches, Monitor, Voluntary Disclosure
Cronan

On October 18th, Principal Deputy Assistant Attorney General John Cronan delivered a speech in Brazil at an event hosted by a for-profit business that generally charges people to attend (see here for the prior post). On October 25th, Cronan delivered another speech in Washington, D.C. at another event hosted by the same for-profit business.

Why DOJ (and SEC) officials allows themselves to be used in such a way by profit-seeking businesses to drive attendance to their events is beyond me. (See prior posts here and here, among many others, for why the selling of FCPA enforcement attorneys needs to stop).

Ethics aside, in his speech Cronan talked about the DOJ’s priorities with respect to corporate enforcement, what the DOJ expects “from companies who choose to voluntarily self-disclose misconduct and seek to cooperate with law enforcement,” and the DOJ’s “commitment to reaching fair and equitable resolutions, including through the principles reflected in the Criminal Division’s policy with respect to monitors.”

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