In this episode of the FCPA Compliance Report, I visit Hogan Lovells partner Stephanie Yonekura on the always difficult decision on whether a company should self-disclose a potential FCPA violation or even allegations of a potential FCPA violation to the Justice Department. We consider such questions as:

  • What should a company do to prepare for a multi-national multi-jurisdictional anti-corruption enforcement action?
  • What should a company do to prepare when an internal investigation determines there may be instances of ABC violations in multiple countries, all of which have ABC laws.
  • How should a company prepare for self-disclosure? To US authorities only or to multi-jurisdictions at once?
  • Do evidentiary standards differ across the globe and how should a company prepare or respond?
  • How should a company prepare for multiple fines and penalties from multiple jurisdictions?
  • How can a company negotiate one pie in the context of an international anti-corruption enforcement action?

Yonekura is the Former Acting US Attorney for the Central District of California so she brings a wealth of knowledge to the topic. We consider all of these questions and more in light of the new FCPA Corporate Enforcement Policy and whether it has changed the calculus for self-disclosure or not. We also visit on whether the recent lack of monitors required under DOJ/SEC FCPA enforcement actions is an omen of things to come or not.

She ends with one of the great pieces of advice you can receive, “You don’t want to poke the bear, whether there is no bear to be poked.”