DOJ’s new approach to FCPA enforcement presents some interesting opportunities — the headlines from the DOJ FCPA Guidance Memo will bring some significant changes but at the same time some things will not change.  Here is my list of what’s new and what’s the same. 1.  Increased individual prosecutions and reduced emphasis on corporate prosecutions: The DOJ FCPA Guidance Memo prioritizes individual prosecutions and avoidance...

The Justice Department has returned to the FCPA enforcement arena — in a significant development, DOJ announced the resumption of FCPA enforcement, with a new set of enforcement guidance principles.  The new guidance is an important statement governing FCPA investigations and prosecutions. The impact of this new approach will be significant — the precise scope of this renewed focus will depend on certain legal factors,...

When assessing your third-party risks, it is important to start with one important division — a company’s supply chain and on the flip side, a company’s distribution chain.  Sourcing materials and supply chain links present a set of risks.  Conversely, a company’s distribution chain, sales channel, presents another set of challenges.  In each case, legal and compliance have to understand the legal risks presented by...

We have some new vernacular to bring into the compliance arena — companies need to address risks of interacting with cartels and transnational criminal organizations (TCOs).  Companies need to understand the laws used to designate cartels and other organizations as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists (SDGTs). Under current criminal and sanctions laws, FTOs and SDGTs create criminal and civil risks for...

In an unprecedented and surprising set of actions, the new Attorney General Bondi issued eleven new, internal directives for the Department of Justice.  The new Directives are available HERE. Immediately after her confirmation and swearing in, AG Bondi issued 14 separate directives that hit the Justice Department with significant changes in policy and priorities.  Eliminating Internal Discriminatory Practices: Following President Trump’s Executive Order, Ending Illegal...