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Revisions to the U.S. Department of Justice’s FCPA Corporate Enforcement Policy and Other Current Trends in FCPA Investigations

Recorded on: Jan. 26, 2018
Running Time: 01:03:45

Full Transcript:



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Taken from the One-hour Briefing Recorded January 2018 in New York

Revisions to the U.S. Department of Justice’s FCPA Corporate Enforcement Policy and Other Current Trends in FCPA Investigations [01:03:45]

In November 2017,  Deputy Attorney General Rod Rosenstein announced a revised Department of Justice (“DOJ”) FCPA corporate enforcement policy.  The policy, which has been formally incorporated into the U.S. Attorneys’ Manual, replaces the FCPA Pilot Program, which had been initiated in 2016.   

In this presentation, Laura Kabler Oswell, partner in Sullivan & Cromwell LLP’s Litigation Group and a practice group leader for the firm's FCPA practice, and Aisling O’ Shea, special counsel at Sullivan & Cromwell LLP, will discuss:  

  • The new policy’s presumption that a matter will be resolved through a declination, rather than an enforcement action, if the company meets criteria for voluntary self-reporting, cooperation, and remediation
  • Exceptions to the presumption of a declination and the implications of those exceptions
  • The new policy’s guidance about self-reporting, cooperation, and remediation                      
  • Current trends in FCPA investigations and how the codification of the FCPA Pilot Program fits with the government’s recent approach to FCPA matters

 
Presentation Material

  • FCPA Corporate Enforcement Policy
    Aisling O'Shea, Laura Kabler Oswell
  • Revised FCPA Corporate Enforcement Policy
    Aisling O'Shea, Laura Kabler Oswell
  • Revisions to the U.S. Department of Justice’s FCPA Corporate Enforcement Policy and Other Current Trends in FCPA Investigations
    Aisling O'Shea, Laura Kabler Oswell
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