In the Episode, I visit with one of the top outside counsel in field of FCPA and compliance. It is Stephen Martin, a partner at Arnold & Porter. In this episode we deconstruct the Petrobras FCPA enforcement action. Some of the highlights include:

  1. Why is this the largest FCPA fine ever?
  2. What happens if a company fails to disclose the violations?
  3. How does a company begin to rebuild from a corrupt culture?
  4. Why was there no monitor required?
  5. What is the true cost of a FCPA enforcement action?
  6. What did Petrobras do to garner a NPA?
  7. How does this enforcement action incentivize self-disclosure going forward?
  8. What are the lessons to be learned by the compliance professional?

The Petrobras FCPA enforcement action came in the form of a Non-Prosecution Agreement (NPA) with the Department of Justice (DOJ) and Cease and Desist Order (Order) with the Securities and Exchange Commission (SEC).