Traveling this holiday weekend? Got some downtime in the car or airport? Want something to listen to while barbecuing, taking a hike, or relaxing in your favorite place?
FCPA Professor is here to help and this post provides a list of suggested FCPA Flash podcasts designed to elevate your FCPA knowledge and sophistication.
The FCPA Flash podcast was launched in February 2016 and has quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Sponsored by Kroll and published twice a month, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.
Richard Grime
In this episode, Richard Grime (Gibson, Dunn & Crutcher and former Assistant Director of SEC Enforcement) discusses: (i) reasons for the general increase in FCPA enforcement (among the reasons mentioned is “the government has realized this is a money-winner”; (ii) whether FCPA enforcement, including the internal control’s provisions, has been pushed beyond the breaking point (in Grime’s words yes it has and “almost any conduct becomes subject to an enforcement vehicle”); and (iii) whether long, drawn-out FCPA investigations can be avoided. The episode is a must listen if you want to hear informed and candid commentary about the current FCPA enforcement landscape from someone who used to enforce the FCPA.
Joseph Covington
In this episode, Joseph Covington (Smith Pachter and former head of the DOJ’s de facto FCPA unit in the early 1980’s) discusses “early” FCPA enforcement and offers a candid assessment of how FCPA enforcement has changed; whether the FCPA has been successful in achieving its objective of reducing bribery; and why he continues to support an FCPA compliance defense. The episode is a must listen for anyone seeking a better understanding of the DOJ’s “early” enforcement of the FCPA.
Jay Darden
In this episode, Jay Darden (Paul Hastings and former Assistant Chief of the DOJ’s Fraud Section) discusses what FCPA practitioners need to understand about being a DOJ FCPA attorney and along the same lines what DOJ FCPA enforcement attorneys need to understand about being an FCPA practitioner. Darden also provides a list of things he would change about the FCPA or FCPA enforcement and comments on recent FCPA enforcement actions concerning internship and hiring practices.
Paul Pelletier
In this episode, Paul Pellletier (former Principal Deputy Chief of the DOJ’s fraud section) discusses the long time periods often associated with FCPA inquiries, FCPA investigative costs, and how the DOJ can best allocate its resources to fight bribery.
Paul Calli
In this episode, Paul Calli (an FCPA practitioner who has successfully defended individuals in FCPA trials) discusses the DOJ’s rather dismal FCPA trial court record and what it says about the DOJ’s modern FCPA enforcement program and how the DOJ measures success.
Billy Jacobson
In this episode, Billy Jacobson (Orrick and a former Assistant Chief in the DOJ’s FCPA Unit) discusses the DOJ’s FCPA “pilot program” announced in April 2016, his policy suggestions for more effective FCPA enforcement, an FCPA compliance defense and what the FCPA might look like if it was passed today (instead of 1977), and whether a business organization should put the DOJ to its burden of proof.
Homer Moyer
In this episode Homer Moyer (Miller & Chevalier) discusses whether the FCPA has been “successful,” the pros and cons of recent FCPA enforcement trends, various aspects of the DOJ’s FCPA “pilot” program, the typical length of FCPA scrutiny, and the costs of investigating potential FCPA violations.
Matthew Wagstaff
In this episode, Matthew Wagstaff (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office) discusses: (i) whether the Bribery Act’s adequate procedures defense has motivated corporates to adopt best practices compliance policies and procedures to a greater extent than prior to the Bribery Act; (ii) the U.K. deferred prosecution agreement regime; and (iii) the meaning of “success” of an anti-corruption law.
David Ogden
In this episode, David Ogden (WilmerHale and a former DOJ Deputy Attorney General) elaborates on a speech (see here for the prior post) in which he criticized the DOJ’s “leverage based” enforcement approach. Specifically, Ogden discusses a wide range of negative consequences which flow from the DOJ’s enforcement approach.
(All FCPA Flash podcast episodes are available here).