In this episode I visit with James Koukios, a partner at Morrison and Foerster on the firm’s newsletter, Top Ten International Anti-Corruption Developments for May 2017. Our topics include:

  1. FCPA Assistant Chief BJ Stieglitz has been selected for detail to UK Financial Enforcement Authorities. We discuss how does a prosecutor work overseas, what this might mean for prosecutions going forward both in the US and UK and what is the relationship of the DOJ with its British counterparts?
  2. The DOJ has moved to terminate its DPA over Hewlett-Packard. We discuss what it means to have a DPA terminated and what is the role of the DOJ in this phase? We also consider what is the decision-making process if a DPA has to be extended due to continued or new conduct by a company under such an agreement.
  3. Finally, we consider some of the difficulties of some of the DOJ’s Challenges in Obtaining Foreign Evidence, through a recent ruling in Civil Forfeiture Case. On May 9, 2017, In the case of United States v. Prevezon Holdings Ltd., Southern District of New York Judge William H. Pauley III, ruled that certain evidence obtained by prosecutors from foreign sources was admissible in a civil asset forfeiture case, notwithstanding that the documents lacked the requisite certifications under the Federal Rules of Evidence. We consider the process for getting information from overseas; why it takes so long, what happens if it does not meet US evidentiary or even admissibility standards?

To see a full copy of the firm’s publication, Top Ten International Anti-Corruption Developments for May 2017, click here.