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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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It Is Absolute BullSh*t To Assert That “Companies Are Now Paying An Average Of Half A Billion Dollars To Settle FCPA Enforcement Actions”


This FCPA Blog post asserts “Companies are now paying an average of half a billion dollars to settle FCPA enforcement actions.”

This is absolute bullsh*t.

More FCPA fake news.

Set forth below are the actual FCPA settlement amounts from 2020 corporate enforcement actions.

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Deficient FCPA Reporting

In this New York Times article, journalists once again demonstrate their deficient FCPA knowledge. In reference to Microsoft’s possible purchase of TikTok and the potential of the U.S. Treasury receiving a portion of the sale, the article states: “In essence, the president is promising to orchestrate the kind of pay-to-play bounty that the United States prohibits companies from making to governments of other countries under the Foreign Corrupt Practices Act.”

However, the FCPA does not prohibit business organizations from providing things of value to foreign governments – just foreign officials. As stated in the U.S. government FCPA Guidance “”The FCPA prohibits payments to foreign officials, not to foreign governments.”

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