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

proposal

Including the first time I proposed this concept in 2010, this is the 11th time I have written this general post (see hereherehereherehereherehereherehere and here for the previous versions). 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 mannerthe facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

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Edwards Lifesciences Discloses A Potential FCPA Issue, But Why?

Edwards

Edwards Lifesciences, a California based corporation which describes itself as “the global leader in patient-focused medical innovations for structural heart disease, as well as critical care and surgical monitoring” is under Foreign Corrupt Practices Act scrutiny.

In a recent filing, the company disclosed:

“The Company is investigating whether the allocation of certain grants and other payments initiated by certain employees of the Company in Japan violate certain provisions of the Foreign Corrupt Practices Act (“FCPA”). The Company has voluntarily notified the SEC and the U.S. Department of Justice (“DOJ”) that it has engaged outside counsel to conduct this investigation. Any determination that the Company’s operations or activities are not in compliance with existing laws, including the FCPA, could result in the imposition of fines, penalties, and equitable remedies. The Company cannot currently predict the outcome of the investigation or the potential impact on its financial statements.”

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Amec Foster Wheeler / Wood Group – In The Words Of Lord Justice Edis

Edis

If a country is to have a deferred prosecution agreement regime, the approach of the United Kingdom is far more preferable than the approach of the United States.

In the U.K. (unlike the U.S.), the judiciary is actively involved in the DPA process and the public is offered insight into the reasoning of the judge in approving the DPA (which often includes facts and information not mentioned in the resolution documents authored by the prosecutors).

Simply put, it is refreshing to hear from someone other than the prosecutors and this posts summarizes the judgment and reasoning of Lord Justice Andrew Edis in the recent U.K. portion of the enforcement action against Amec Foster Wheeler / John Wood Group. (see here for the prior post).

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

proposal

Including the first time I proposed this concept in 2010, this is the 1oth time I have written this general post (see herehereherehereherehereherehere and here for the previous versions). 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 mannerthe facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

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An Episode Of White Collar Briefly

WhiteCollarBriefly

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.

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