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Personnel Moves


It was recently reported that Matthew Miner (Morgan Lewis) has been hired by Walmart as its Global Chief Ethics and Compliance Officer.

Miner previously served as DOJ Deputy Assistant Attorney General in the Criminal Division. While at the DOJ, Miner helped to develop various DOJ policy documents including its “inability to pay” guidance (see here), the FCPA Corporate Enforcement Policy (see here), and the Evaluation of Corporate Compliance Programs (see here). During this 2020 FCPA Flash podcast, Miner discusses how these various DOJ policies are likely to be interpreted during the COVID-19 environment.

In going to Walmart, Miner will complete a rare trifecta of FCPA experience: government, private practice, and in-house.

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And The Best FCPA Lawyer Is …


The short answer is how the heck would I know and what criteria would even be used?

Is one a “best” FCPA lawyer if one assists a business organization with a compliance program that effectively manages and minimizes risk such that the company is never under FCPA scrutiny and resolves an enforcement action?

Is one a “best” FCPA lawyer if one conducts a multi-million dollar internal investigation or is this “boiling the ocean” and deserving of a “worst” FCPA lawyer?

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DOJ’s FCPA Unit Chief Joins FCPA Inc.


As sure as the sun rises in the east and dogs bark – and following a well traveled career path – DOJ FCPA Unit Chief Christopher Cestaro is joining a law firm (WilmerHale) for an FCPA practice. (See here).

According to the WilmerHale release:

“As head of the FCPA Unit, Mr. Cestaro oversaw all the Justice Department’s FCPA investigations, prosecutions and resolutions in the US. He supervised many of the government’s most challenging and high-profile cross-border investigations, involving every significant industry sector, and he oversaw investigations of individuals at the highest levels of companies and government, including corporate board members, executives and senior foreign government officials. He led the unit at a time when enforcement authorities in other nations increasingly launched corruption probes and enforcement actions, requiring careful international coordination and diplomacy—a shift from the past, when such actions were mainly the province of US authorities acting alone. As a result, more companies now confront complex cross-border FCPA investigations and negotiations.”

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An Episode Of White Collar Briefly


Today’s post is a recent episode of White Collar Briefly, a podcast sponsored by Perkins Coie and co-sponsored by the ABA Global Anti-Corruption Corruption.

During the podcast, I had the pleasure to visit with Chelsea Curfman and Markus Funk and talked about the following issues: my professional background; the evolution of my work; FCPA Inc.; the revolving door between the DOJ and SEC and private FCPA practice; what the end game of FCPA enforcement is and what does success actually mean; the downside of other countries modeling enforcement of their FCPA-like laws on U.S. FCPA enforcement; the lack of individual enforcement actions in connection with most corporate enforcement actions; whether FCPA enforcement will change in a Biden administration; voluntary disclosure; and whether there are any recent trends in FCPA enforcement.

This Is Why FCPA Inc. Needs A Common Language


For years, these pages have highlighted the need for a Foreign Corrupt Practices Act common language as to the basic question of “what is an FCPA enforcement action?” (See herehereherehere).

This article titled “A Common Language to Remedy Distorted FCPA Enforcement Statistics” exposes in detailed fashion various distorted FCPA enforcement statistics. As highlighted in the article, the absence of a FCPA common language has numerous negative effects including infecting nearly all FCPA enforcement statistics.

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