In Part I of a two-part series, the top compliance roundtable podcast is back with a review of the new Justice Department’s FCPA Corporate Enforcement Policy.
Mike Volkov sets the stage with background on this new DOJ policy regarding FCPA enforcement going forward, considering what this means from the DOJ/prosecutorial perspective. He explores why would the DOJ would start with a presumption of a declination when there is arguably a criminal See more +
In Part I of a two-part series, the top compliance roundtable podcast is back with a review of the new Justice Department’s FCPA Corporate Enforcement Policy.
Mike Volkov sets the stage with background on this new DOJ policy regarding FCPA enforcement going forward, considering what this means from the DOJ/prosecutorial perspective. He explores why would the DOJ would start with a presumption of a declination when there is arguably a criminal violation. What does this new policy mean for SEC enforcement? Does this extend any of the concepts we saw as far back as the Yates Memo?
Matt Kelly considers how might the Justice Department prosecute a case (1) where the company doesn’t meet all the FCPA Program criteria; and (2) how vigorously will prosecutors evaluate a company’s compliance program as part of its investigation? Is this Policy something new or more in the line of a continuation/clarification? Does this new Policy create a real incentive or not for companies to self-disclose? Finally, does this create a true partnership between the DOJ and business to fight bribery and corruption? See less -
