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Jessica Tillipman Senior Editor

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Thomas Fox Contributing Editor

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FCPA Blog Daily News

Entries in Declinations (72)

Thursday
Mar082018

Sanofi discloses DOJ declination in FCPA investigation

French pharma Sanofi said Wednesday the DOJ has closed an FCPA investigation that started four years ago.

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Wednesday
Feb282018

Feds end FCPA probe of oil and gas services firm

Exterran Corporation said in a securities filing Wednesday that an investigation into compliance with the FCPA has ended, with both the DOJ and SEC saying they don't intend to bring enforcement actions.

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Monday
Feb262018

Teradata FCPA investigation ends with double declination

Teradata Corporation said in an SEC filing Friday that the FCPA investigation into gifts and travel expenses at a subsidiary in Turkey has ended and the company won't face an enforcement action.

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Monday
Jan222018

Are there ‘aggravating circumstances’ in all FCPA cases?

The FCPA guidance that became part of the U.S. Attorneys’ Manual in November creates a presumption of declination if companies do four things -- voluntarily self-disclose, fully cooperate, properly remediate, and disgorge their profits. But there's an important exception.

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Wednesday
Dec202017

Andy Spalding: But what can I do before a violation occurs?

By almost any measure, the new FCPA enforcement policy is an important and positive development. Tom Fox, Bill Steinman, George Terwilliger, and others both here and beyond have noted as much, and I rise in concurrence.

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Monday
Sep252017

Andy Spalding: A plea to the DOJ -- bring back pre-existing compliance

At a recent conference, I had the good fortune of asking a former high-ranking DOJ official, “how is it that pre-existing compliance is no part of the Pilot Program’s penalty reductions and declinations?”

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Wednesday
Sep202017

Andy Spalding: The strange disappearance of pre-existing compliance

The word “disappearance” does not suggest that the thing has ceased to exist. It simply means we can’t see it. Maybe it still exists, maybe it does not. But because it’s no longer visible, we wonder.

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Monday
Sep182017

Andy Spalding: The Pilot Program’s missing piece

I’ve argued in prior posts that above all else, the Pilot Program is our FCPA declination policy. We’ve been asking for this now for years, and thus it is an important step. But still, something is missing. Let’s figure that out.

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Thursday
Sep142017

Andy Spalding: The Pilot Program addresses three criticisms, but raises a new one

The Pilot Program is best understood as the DOJ’s response to three distinct lines of public commentary on FCPA enforcement. The Department should be commended for responding to this commentary -- indeed, for even listening to it in the first place. And the responses have, in my view, largely been smart and fair. But it’s created a new difficulty. Fortunately, that difficulty is easily addressed.

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Monday
Sep112017

Andy Spalding: The Pilot Program as declination policy

We’ll spend a number of posts this month explaining what is good about the Pilot Program and what may be better. The last post explained the four (not three) requirements the Program establishes -- voluntary disclosure, cooperation, remediation, and disgorgement -- and how some of those terms have been carefully (re)defined. Here, let’s talk about what’s in it for the defendant.

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Friday
Sep082017

Hey, declinations WITHOUT disgorgement are still popular too

There have been seven declinations under the DOJ's Pilot Program since it launched in April 2016. The most recent one was in June this year involving CDM Smith Inc.

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Thursday
Sep072017

Karen E. Woody: Declinations with disgorgement make me queasy. Here's why

As readers of the FCPA Blog are aware, the Pilot Program requires voluntary self-disclosure and cooperation with the government in order to be eligible for a declination from the DOJ.

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