Issues To Consider From The RTX Enforcement Action
This prior post went in-depth into the recent RTX (Raytheon) FCPA enforcement action regarding bribery schemes in Qatar.
The net $361.2 FCPA enforcement action involved a net $259.7 million DOJ FCPA enforcement action and a net $101.5 million SEC FCPA enforcement action.
This post highlights additional issues to consider.
Timeline
As RTX previously disclosed:
Is The DOJ Really Going To “Vigorously Enforce” FEPA?
In a recent speech, DOJ Principal Deputy Assistant Attorney General Nicole Argentieri noted that the DOJ plans “to vigorously enforce” the Foreign Extortion Prevention Act (FEPA).
Time will tell of course, but I have serious doubts that the DOJ will “vigorously enforce” FEPA.
Most FCPA enforcement actions which charge or find violations of the FCPA’s anti-bribery provisions involve an alleged “foreign official” who received things of value. Certain other actions may involve situations in which a “foreign official” was promised something of value in which the “foreign official” agreed to receive or accept the thing of value.
Another Day, Another DOJ Speech
It is September which means enforcement agency officials hit the “conference circuit” to give scripted speeches.
Last week it was DOJ Principal Deputy Assistant Attorney General Nicole Argentieri delivering a speech to a corporate compliance audience in New York (see here for the prior post), yesterday it was Argentieri delivering a speech to a corporate compliance event in Texas.
Argentieri began:
Why Are “Foreign Officials” Categorically Excluded From The DOJ’s Whistleblower Program?
This recent post highlighted the DOJ’s new Corporate Whistleblower Awards Pilot Program. (See here for 14 pages of guidance, and see here for the 4 page fact sheet).
To be eligible for an award, information provided by an individual must, among other things, “pertain” to four subject matter areas – one of which is “foreign corruption and bribery.”
The DOJ Guidance states:
DOJ Launches A Corporate Whistleblower Awards Pilot Program
On March 7, 2024, Deputy Attorney General (“DAG”) Lisa Monaco announced that DOJ is embarking on a “90-day sprint” to develop and implement a pilot program that will provide whistleblowers the chance to receive a monetary award in exchange for new information about “significant corporate or financial misconduct.”
The “sprint” took longer than 90 days – rather approximately 150 days – but as most runners know, longer sprint times can happen.
Earlier today, the DOJ launched a Corporate Whistleblower Awards Pilot Program. (See here, see here for 14 pages of guidance, and see here for the 4 page fact sheet).