Just Anti-Corruption looks at what senior DOJ and SEC officials chose to highlight at the American Conference Institute’s 33rd International Conference on the Foreign Corrupt Practices Act.
The head of the US Department of Justice’s Foreign Corrupt Practices Act said on 1 December that outside counsel may be able to avoid a privilege dilemma by bringing someone who is not a lawyer, such as a private investigator, along to internal interviews.
2 December 2016: In today’s news, Unaoil says the UK’s Serious Fraud Office went on a fishing expedition in a raid on the oil consultancy’s Monaco office; Walmart’s FCPA costs rise above US$800 million; and Manhattan prosecutors reject claims in the UN bribery case that a recent Supreme Court ruling undermines the corruption charges.
The DOJ’s fraud section chief is anticipating an uptick in Foreign Corrupt Practices Act monitors this year, in part because companies are not doing enough to prevent future mishaps.
Andrew Ceresney, the Securities and Exchange Commission’s enforcement division chief, said there should no longer be any doubt about whether hiring relatives of government officials counts as a "thing of value" under the FCPA, following the recent settlement with JPMorgan Chase.
1 December 2016: In today’s news, a former McDermott Will & Emery lawyer, Michael Kendall, says prosecutors in Brooklyn drew incorrect inferences from his testimony on a privilege agreement tied to the Fifa corruption case, and Trace International finds that bribery risks have increased in 60% of countries.
The US Department of Justice’s renewed focus on holding individuals accountable for corporate wrongdoing will probably persist under the new presidential administration, Deputy Attorney General Sally Yates said on 30 November.
US authorities are working to resolve more FCPA cases in coordinated settlements with foreign enforcers, government officials have said.
Energy company Technip disclosed in a US Securities and Exchange Commission filing on 29 November that the Justice Department is looking into potentially “improper payments” concerning the company’s former offshore platform projects in Brazil.
29 November 2016: In the latest news, Swedish media report an update in the Ericsson bribery investigation, Chinese businessman Ng Lap Seng pleads not guilty to FCPA violations, and Rio Tinto reportedly faces another probe by the SEC.
The former president of Conmebol, Juan Angel Napout, used a privilege pact between his lawyers and those of the South American soccer association to thwart a US investigation into corruption allegations tied to the Fifa scandal, prosecutors in Brooklyn have argued.
The Justice Department has hired two new prosecutors in the criminal division fraud section’s Foreign Corrupt Practices Act unit – both of whom have experience in Big Law.
Donald Trump’s election as the next US president has already sparked talk of weakened FCPA enforcement.
During a Q&A at George Washington University Law School, the head of the DOJ’s criminal division said the department didn’t want to have “secret disgorgement arrangements” with companies that break foreign bribery laws.
The right of in-house lawyers to sue employers for whistleblower retaliation is at stake in a legal privilege tussle between medical device company Bio-Rad Laboratories and a former general counsel.
Leo Tsao, an assistant chief in the FCPA unit, discusses when to expect results from the pilot programme; why recent declinations with disgorgement are “worlds better” for companies than non-prosecution agreements; and what else the DOJ might want to know when it receives a self-report from a company of a bribe worth less than US$500.