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FCPA Blog Daily News

Entries in Pilot Program (27)

Thursday
Jul262018

DOJ: Don’t let FCPA enforcement fears stop M&A deals

Deputy Assistant Attorney General Matthew MinerThe prosecutor who oversees the criminal division's FCPA unit said Wednesday the DOJ wants corporate acquisitions to happen and doesn't want the "specter of enforcement to be a risk factor that impedes such activity by good actors."

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Tuesday
Apr242018

Firestone and Butenko: A Russian ‘Pilot Program’? 

Russian President Putin recently submitted a new anti-corruption bill to the Russian parliament.

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Friday
Dec222017

DOJ gives compliance chiefs powerful new ally

The DOJ's FCPA Pilot Program -- giving companies declinations or reduced penalties if they self disclose, cooperate, and disgorge profits -- has now been enshrined in the U.S. Attorneys' Manual. It's a permanent guideline for prosecutors.

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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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Thursday
Dec142017

Lankford and Hussain: New DOJ enforcement policy takes aim at messaging apps

FCPA investigators routinely face obstacles to gathering data from non-company email and messaging apps. In particular, such communications are often not stored on company devices, and where files exist, they may be encrypted or otherwise difficult to open.  

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Thursday
Dec072017

David Stuart at Cravath talks about Telia and FCPA enforcement today

Cravath partner David M. Stuart I recently spoke with David M. Stuart, one of the attorneys who represented Telia Company AB, a Sweden-based telecommunications provider that settled violations in September for a grand total of $965 million in financial sanctions.

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Monday
Dec042017

George J. Terwilliger III: Finally, A Sensible Anti-Corruption Enforcement Policy

Deputy Attorney General Rod Rosenstein’s announcement of a permanent expansion of the Department of Justice Foreign Corrupt Practices Act “Pilot Program” is good news for companies that repeatedly faced the dilemma of whether or not to investigate and disclose FCPA issues discovered internally.

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Friday
Dec012017

Bill Steinman: What's new about the DOJ's new FCPA corporate enforcement policy?

FCPA practitioners welcomed Rod Rosenstein’s announcement that the Department of Justice has made the FCPA Pilot Program permanent, and incorporated it into the U.S. Attorneys’ Manual. In the words of one of my colleagues, the audience “noticeably lightened up” at the Deputy AG’s news. 

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Wednesday
Nov292017

Bloomberg: DOJ making Pilot Program permanent

The DOJ's Rod RosensteinTom Schoenberg of Bloomberg reported this morning that the DOJ will convert the Pilot Program to a permanent guideline to encourage companies to self-report possible violations of the FCPA in return for leniency.

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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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