The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from the written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Joseph Warin (Gibson Dunn & Crutcher). Warin is the lead author of an article that recently caught my eye titled “Refusing to Settle: Why Public Companies Go to Trial in Federal Criminal Cases.” The article is not specific to the Foreign Corrupt Practices Act, but several of the factors identified in the article about why companies refuse to settle are certainly relevant to FCPA enforcement.
In the podcast, Warin discusses: (i) why so few companies under FCPA scrutiny refuse to settle; (ii) the de facto compliance defense that companies have successfully invoked in other federal criminal trials; (iii) why the terms of NPAs or DPAs may be worse for companies compared to going to trial; and (iv) whether the current FCPA enforcement environment would look the same if more business organization opted to put the DOJ or SEC to its burden of proof.
FCPA Flash is sponsored by the Red Flag Group. The Red Flag Group assists companies in developing and maintaining efficient and effective corporate governance and compliance programs, and has a proven track record in providing integrity due diligence investigations in 194 countries.