As highlighted here, following a typical career path, the DOJ’s FCPA Unit Chief recently departed for private practice.
The job was recently posted and applicants should have “at least 5 years of federal prosecution experience; have experience investigating and prosecuting FCPA matters; have supervisory experience; and have experience working investigations with foreign authorities.”
Other “preferred qualifications” include:
- Experience with and knowledge of white-collar criminal matters.
- Experience representing the Department of Justice in connection with international conventions and treaties.
- Federal court experience, including federal criminal trial experience.
- Experience conducting investigations of, charging, and resolving charges with individuals as well as corporations and other business entities.
- Experience resolving and/or supervising the resolution of corporate criminal cases.
- Experience imposing and/or overseeing independent compliance monitors.
- Experience dealing with law enforcement agencies.
- Experience drafting and editing policies regarding white-collar and corporate enforcement.
- Experience handling FCPA Opinion Releases.
According to the posting, the FCPA Unit Chief will:
- Lead and oversee the work of the FCPA Unit’s prosecutors and support staff on all individual and corporate FCPA matters.
- Advise prosecutors on strategic approaches to their foreign bribery investigations, prosecutions and trials to ensure that the investigation and litigation of such matters are handled appropriately and effectively.
- Ensure ongoing individual and team development, identify and correct performance deficiencies, and supervise Assistant Deputy Chiefs in the Unit.
- Assist and support Section Chief and Senior Deputy Chiefs by providing input on budget allocation, hiring, personnel disciplinary actions, technology, and Department reporting responsibilities as they pertain to the FCPA.
- Assist in management of the Section’s programs to investigate and prosecute foreign bribery-including FCPA violations-money laundering, Travel Act violations, and other matters.
- Partner with U.S. Attorneys’ Offices, federal law enforcement agencies, domestic and foreign regulators, and foreign law enforcement officials in handling and coordinating complex and multi-district prosecutions.
- Serve as a liaison on white-collar and corporate criminal matters between the Criminal Division and other DOJ components, the Federal Bureau of Investigation, the United States Postal Inspection Service, and other law enforcement agencies and officials on white-collar and corporate crime issues.
- Supervise all phases of investigation and litigation, including, but not limited to, using the grand jury, advising federal law enforcement agents, using international evidence collection tools, preparing appropriate pleadings, and litigating motions and trials before U.S. District Courts.
- Evaluate reports of potential violations of the FCPA from both internal and external sources to determine whether investigation is warranted.
- Represent the U.S. in direct negotiations and discussions with corporate counsel and high-level corporate officials.
- Oversee the Section’s foreign bribery policy efforts and helps develop Criminal Division and Department-wide policies regarding white-collar and corporate enforcement.
- Responsible for ensuring the Department’s foreign bribery enforcement efforts are consistent with U.S. treaty obligations.
- Serve as key delegate to the O.E.C.D. Working Group on Bribery.
- Responsible for responding to FCPA Opinion Procedure Requests.
Because the FCPA Unit Chief, among other things, leads and oversees all FCPA matter, advises on strategic approaches to FCPA enforcement, evaluates instances of FCPA scrutiny, and oversees foreign bribery policy efforts, I have long called for restrictions on FCPA enforcement attorneys with supervisory and discretionary authority from immediately jumping to FCPA Inc. to advise and counsel corporate clients on the FCPA enforcement landscape they helped create.
