For today’s podcast, I cross post an episode in which I appeared on Mike Volkov’s Crime, Corruption and Compliance Podcast. The link to the original podcast is here. My thanks to Mike for interviewing for a podcast on his site and then allowing me to cross-post on the FCPA Compliance Report. In this episode, I take a look back at the 2017 FCPA year, considering some of the top FCPA enforcement actions, the top Justice Department pronouncements and where all of this may take compliance forward in 2018. Mike and I also consider where both FCPA enforcement and the greater international anti-corruption enforcement may be going in 2018 and what you should do to prepare for it.
Some of the key enforcement actions we consider are
- Keppel Offshore,
- SBM Offshore and
- Telia Companies.
Each one of these enforcement actions made the all-time Top 10 FCPA or international anti-corruption enforcement action lists.
We consider the Evaluation of Corporate Compliance Programs document released in February 2017 and its bookend the new FCPA Corporate Enforcement Policy, announced in November and how this move the needle forward for the compliance practitioner and compliance programs more generally. We consider both of these in light of the expiration of the one year Department of Justice FCPA Pilot Program and how the DOJ built upon the Pilot program and grew it into the new FCPA Corporate Enforcement Policy. All of this should be evaluated in light of two enforcement actions brought under the Pilot Program in 2017, Linde Gas and CDM Smith and we consider these developments.
We talk about the upswing in individual FCPA and broader anti-corruption prosecutions, in both the US and internationally. We discuss the Telia Company, Rolls-Royce, SBM Offshore and Keppel Offshore and how prosecutors both in the US and internationally brought criminal actions against senior management up to and including former CEOs.
Finally we consider what it might all mean going forward into 2018 for compliance programs and global anti-corruption enforcement actions.