Tagged: FCPA

DOJ’s Fresh FCPA Enforcement Initiative — What’s New, What’s Not (Part II of II)

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...

Justice Department Resumes FCPA Enforcement with New, Focused Guidance (Part I of II)

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,...

Episode 370 — Anti-Corruption Update with Scott Greytak, Transparency International USA, and Josh Birenbaum from Foundation for Defense of Democracies

With the recent announcement by the Justice Department of a “pause” in FCPE enforcement, questions have arisen as to the U.S. continuing commitment to international anti-corruption efforts and re-focused priorities. To examine the shifting landscape, Michael Volkov invited Scott Greytak, the Director of Advocacy for Transparency International US and Scott Birenbaum, deputy director of FDD’s Center on Economic and Financial Power, to discuss the current...

Sifting Through the Rubble — What to Make of the Topsy-Turvey World of FCPA Enforcement? (Part V of V)

The dust is settling and for all the drama surrounding the Trump Administration’s refocus on FCPA enforcement, the picture is becoming a little bit clearer.  When cooler heads prevail, it is much easier to pick through the relevant issues and prioritize the issues and analysis. First, we need to put this in perspective.  From a much larger viewpoint, the FCPA pause has to be considered...

New FCPA Guidance — What to Expect (Part IV of V)

As we continue through the maze of Executive Orders and new Guidance, which is expected in 180 days, the questions surrounding FCPA enforcement are swirling.  In some respects, we have had a preview.  It is hard to know what will happen beyond some basic points. Let’s start with last week’s memo issued by Attorney General Bondi, which was entitled — Total Elimination of Cartels and...

Trump Administration Hits Pause on FCPA Enforcement (Part II of V)

In an unprecedented action, the Trump Administration pushed the button and ended FCPA enforcement, at least for 180 days, until new guidance is issued by the Department of Justice.  The White House’s announcement seemed to take everyone by “surprise” but in the end was “expected” in light of recent announcements coming from Attorney General Bondi. The President’s Executive Order In an Executive Order that appeared...

FCPA Predictions: Don’t Expect Much to Change

In 2017, when President Trump first took office, big changes were expected in FCPA enforcement.  Much of this reflected President Trump’s expressed misgivings on the substance of the FCPA.  He was not a big fan of the law and made his opinion known. The Trump Administration, however, did not dismantle FCPA enforcement and in fact, DOJ and the SEC increased FCPA enforcement.  DOJ and the...

Episode 353 — 2024 FCPA Enforcement and Compliance Review

Can the DOJ’s commitment to holding individuals and corporations accountable under the FCPA survive the changing political climate in 2025? Will the push for innovation in corporate compliance programs be enough to maintain momentum, especially with emerging technologies like artificial intelligence? In this episode of Corruption, Crime and Compliance, Michael Volkov dives deep into the FCPA enforcement landscape of 2024, outlining key cases, changes in...

DOJ’s Balancing Act — Incentives to Cooperate and Deterrence (Part III of III)

While DOJ did not have an overwhelming FCPA enforcement year, DOJ has devoted significant energy to tweaking its enforcement and compliance policies.  These measures were believed to coincide with a number of significant prosecutions — but alas, they really did not materialize.  The modifications and tweaks to DOJ’s Corporate Enforcement Policy, however, were significant.  DOJ’s primary focus has been on accountability and prosecution of individuals...

FCPA 2024 Enforcement — Bribery Schemes and Compliance Reminders (Part II of III)

Criminals can be creative — that is a true statement but essentially FCPA criminals have to embrace a variety of well-established techniques to accomplish a straight-forward goal — steal money from the company to funnel bribery payments to foreign officials.  The complement of 2024 FCPA cases saw some of our standard techniques (or schemes) but a few presented some new twists.  To help organize these...