In this episode of the FCPA Compliance Report, I visit with Laura Perkins, a partner at Hughes Hubbard & Reed. Perkins formerly worked with the Department of Justice, FCPA Unit, departing in September 2017. We discuss the decision of self-disclosure of a potential FCPA violation to the Justice Department. Some of the highlights include:

  • What should a company expect after it makes a decision to self-disclose the to DOJ? What information should be in the initial self-disclosure?
  • What should be in the initial investigation plan they present to the DOJ?
  • When should remediation begin and how much information does the government want to know about in this area?
  • What should a company do to satisfy the government it has secured all documents and communications?

We next turned to the resolution phase and discussed several topics including:

  • When is a company ready to present information to the DOJ that it believes the matter should be closed?
  • Whether through declination or charging document?
  • How is the final penalty decided? and
  • Is it through negotiation or simply presented to the company?

For more information on Laura Perkins and Hughes Hubbard & Reed, check out the firm’s website, here.