The DOJ’s New FCPA Corporate Enforcement Policy: Dangling Presumptive Declination as an Incentive for Voluntary Disclosure

By Lucinda Low, Brittany Prelogar & Jessica Piquet Megaw on December 6, 2017

As we discussed in last week’s blog post, on November 29, 2017, Deputy Attorney General Rod J. Rosenstein made remarks at the American Conference Institute’s 34th International Conference on the Foreign Corrupt Practices Act (FCPA) recognizing the success of the FCPA Enforcement Plan and Guidance (commonly referred to as the FCPA “Pilot Program”), which had been in effect since April 5, 2016. In those remarks, Mr. Rosenstein also announced a revised FCPA Corporate Enforcement…

International Compliance Blog

Deputy Attorney General Rosenstein Announces Significant New FCPA Corporate Enforcement Policy

By Jessica Piquet Megaw, Lucinda Low, Brittany Prelogar & Tom Best on November 30, 2017

Yesterday, in remarks made at the 34th International Conference on the FCPA, Deputy Attorney General Rod J. Rosenstein recognized the success of the FCPA Pilot Program and announced a revised FCPA Corporate Enforcement Policy geared at “increas[ing] the volume of voluntary disclosures” and “enhanc[ing] the [DOJ’s] ability to identify and punish culpable individuals.” A transcript of Mr. Rosenstein’s remarks can be found here. Most importantly, the policy – which has been formally incorporated into…

International Compliance Blog

Icebreaker: Two Pilot Program Declinations Are First FCPA Resolutions Under the New Administration

By Lucinda Low, Tom Best, Brittany Prelogar & John London on July 20, 2017

In June 2017, the DOJ released the first two corporate FCPA resolutions since the new administration took office. In both cases, the DOJ issued declination letters “consistent with” the FCPA Pilot Program and required the disgorgement of associated gains. In one of the two instances, the declination letter also required the forfeiture of funds withheld by the company from foreign government officials involved in the alleged wrongdoing. Neither company is a US “issuer”; thus, unlike…

International Compliance Blog

In the Wake of Kokesh v. SEC: Whither Disgorgement in FCPA Cases

By Lucinda Low, Tom Best & Jessica Piquet Megaw on July 14, 2017

On June 5, 2017, the United States Supreme Court unanimously held that disgorgement in SEC enforcement actions operates as a penalty in Kokesh v. Securities and Exchange Commission. This means that disgorgement is subject to the federal five-year statute of limitations under 28 U.S.C. §2462. The Kokesh decision settled a dispute between the US Court of Appeals for the Tenth Circuit and the Eleventh Circuit, and in the process undermined a key source of large…

International Compliance Blog

World Bank’s Integrity Vice Presidency Releases Annual Integrity Update

By Jessica Piquet Megaw, Tom Best & Lucinda Low on November 1, 2016

On October 7, the World Bank Group (the Bank) Integrity Vice Presidency (INT) released its Annual Update for the 2016 Fiscal Year (the FY2016 Report or the Report). This Report emphasizes INT’s endeavor to protect Bank-funded procurement projects in the immediately preceding fiscal year, and sets out INT’s current and future policy, investigation, and enforcement objectives. INT’s FY2016 track record is perhaps best described as mixed. On the one hand, INT introduced several initiatives aimed…

Lucinda Low

The DOJ’s New FCPA Corporate Enforcement Policy: Dangling Presumptive Declination as an Incentive for Voluntary Disclosure

Deputy Attorney General Rosenstein Announces Significant New FCPA Corporate Enforcement Policy

Icebreaker: Two Pilot Program Declinations Are First FCPA Resolutions Under the New Administration

In the Wake of Kokesh v. SEC: Whither Disgorgement in FCPA Cases

World Bank’s Integrity Vice Presidency Releases Annual Integrity Update

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