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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

Shruti J. Shah Contributing Editor

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Richard Bistrong Contributing Editor 

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FCPA Blog Daily News

Entries in Pilot Program (16)

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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Wednesday
Sep132017

U.S. commitment to enforcing the FCPA – A discussion with Philip Urofsky

Last week I spoke with Philip Urofsky, a partner at Shearman and Sterling, and a former federal prosecutor, responsible for investigating and advising on matters involving potential violations of the Foreign Corrupt Practices Act.

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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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Wednesday
Sep062017

Andy Spalding: How could we make the Pilot Program even better?

The fall is upon us, the academic year has begun, and the season is right for reflecting on all that is good and all that could be better. In the FCPA space, among the biggest stories of the last year has been the Pilot Program -- an experimental enforcement policy first announced in April 2016.

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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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Tuesday
Aug292017

Fahira Brodlija: The case for an FCPA compliance defense

The U.S. legal system doesn't provide for an FCPA compliance defense, which would relieve a company of liability for FCPA violations if it can prove that it created and maintained an effective FCPA compliance program at the time the violation occurred.

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Friday
Jun302017

Boston contractor pays $4 million for declination with disgorgement

Privately held CDM Smith Inc. entered into a declination with disgorgement Thursday with the Justice Department to resolve FCPA offenses in India.

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Tuesday
Jun202017

Linde pays $11 million for declination with disgorgement

Two American units of Germany's Linde Group received a declination with disgorgement from the DOJ Friday for FCPA offenses in the Republic of Georgia.

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Monday
Jun192017

FBI Special Agent Adam Lee on FCPA probes: ‘We use all of the techniques available to us’

I spoke last Thursday with Adam S. Lee, the Special Agent in charge of the U.S. Federal Bureau of Investigation's Richmond Division.

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