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Measured By This Goal, DOJ Policy Has Failed

By on June 18, 2020 in Declination Decisions, DOJ, Enforcement Agency Policy
failure3

Imagine a government enforcement agency unveiling an enforcement policy that had X as a stated goal and then nearly five years later, X occurred only 7% of the time.

The answer would seem clear: the goal of the enforcement policy failed.

As highlighted below, in releasing the 2016 FCPA Pilot Program and thereafter in 2017 in releasing the FCPA Corporate Enforcement Policy, the DOJ stated that a “main goal” was to encourage voluntary disclosures to permit prosecution of individuals. Yet, nearly five years later there have been FCPA prosecutions of individuals in only 7% of cases the DOJ has self-identified as being resolved pursuant to / or consistent with the Pilot Program or the CEP.

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Friday Roundup

By on January 31, 2020 in Armengol Alfonso Cevallas Diaz, Compliance, Country Exits, Declination Decisions
Roundup

Listening in, guilty plea, marketing the opaque, and machine learning. It’s all here in the Friday roundup.

Listening In

During a recent investor conference call, Cardinal Health executives were discussing how the company continues to evaluate which countries they should be in because “there’s a lot of hidden cost when you’re in a country.”

Company CEO Michael Kaufmann stated:

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Once Again, Rebooting A Long-Standing FCPA Proposal, This Time In The Aftermath Of A Recent Disclosure By Ciena

By on September 12, 2019 in Ciena Corp, Declination Decisions, FCPA Reform, Uncategorized
proposal

Including the first time I proposed this concept in 2010, this is the 10th time I have written this general post (see here, here, here, here, here, here, here, here and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future.

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the enforcement agency publicly state, in a thorough and transparent manner, the facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

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Friday Roundup

By on September 6, 2019 in Compliance, Declination Decisions, FCPA Investigative Costs, Grupo Fertinal, Investigative Fees, Marijuana industry, Misonix, Ng Lap Seng, Serious Fraud Office, SFO, Third Parties, Wal-Mart
Roundup

Cannabis industry, fooled me, questions abound, investigative fees and expenses, survey says, scrutiny alert, and for the reading stack.

It’s all here in the Friday roundup.

Cannabis Industry

This recent FBI public recording states: “As an increasing number of states change their marijuana legislation, the FBI is seeing a public corruption threat emerge in the expanding cannabis industry. States require licenses to grow and sell the drug—opening the possibility for public officials to become susceptible to bribes in exchange for those licenses.”

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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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