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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, here).

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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Friday Roundup


Guilty plea, off-target, fear-based marketing, and for the reading stack. It’s all here in the Friday Roundup.

Guilty Plea

This recent post highlighted the DOJ’s money laundering case against Luis Enrique Martinelli Linares (a citizen of Panama and Italy) and his brother Ricardo Alberto Martinelli Linares (also a citizen of Panama and Italy), for “participat[ing] in the Odebrecht bribery scheme by, among other things, serving as intermediaries for bribe payments and the provision of other things of value that Odebrecht offered and provided to the Panama Government Official.

Yesterday, the DOJ announced that Luis Martinelli Linares pleaded guilty.

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Friday Roundup


A quite September, to FCPA Inc., Ng commentary, and discontinued.

It’s all here in the Friday roundup.

Quiet September

As highlighted in this prior post, September has historically been a very active month for FCPA enforcement as the SEC’s fiscal year ends on September 30th.

While the SEC did announce the WPP enforcement action on September 24th (see here and here for prior posts), for the second consecutive year, September FCPA enforcement was below historical norms.

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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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