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Jessica Tillipman Senior Editor

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Julie DiMauro Contributing Editor

Thomas Fox Contributing Editor

Marc Alain Bohn Contributing Editor

Bill Waite Contributing Editor

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FCPA Blog Daily News

Entries in Declinations (67)

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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Thursday
Aug312017

Practice Alert: Implicit warnings in the DOJ’s declinations with disgorgement

Since the DOJ launched the Pilot Program in April 2016 to encourage companies to self-report FCPA violations and cooperate with the feds, the DOJ has published seven declination letters addressed to companies under investigation.

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Friday
Aug112017

Karen Gray: How consistency can make or break a compliance program

Business philosopher Jim Rohn said: “Success is neither magical nor mysterious. Success is the natural consequence of consistently applying basic fundamentals.”

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Tuesday
Aug082017

MTS Systems says FCPA probes have ended

Minnesota-based MTS Systems Corporation said Monday that FCPA investigations related to China and Korea are complete and the DOJ and SEC aren't bringing enforcement actions.

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Wednesday
Jul262017

DOJ declination for Newmont Mining

Newmont Mining Corporation said in an SEC filing Tuesday that the DOJ is closing its FCPA investigation of the company.

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Wednesday
Apr262017

Newmont Mining discloses SEC declination

One of the world's biggest gold miners said in a securities filing this week that the SEC won't recommend an FCPA enforcement action against the company.

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