In this episode I visit with Miller & Chevalier lawyers James Tillen and Marc Bohn on the firm’s FCPA Winter Review 2019. Miller releases a FCPA review quarterly each year and it is one of the top reports on what is going on in both FCPA enforcement and wider international anti-corruption enforcement and developments. Highlights from the podcast include:
- What do the overall numbers of newly opened FCPA investigations look like under the Trump Administration? What are interpretations of this amount of new cases reported?
- What are some of the key issues which a CCO should consider on a proactive basis given the current state of FCPA investigations and enforcement?
- Did the release by the DOJ of the Anti-Piling Policy, the M&A addition to the FCPA Corporate Enforcement Policy and modification to the Yates Memo change the approach a compliance program should consider?
- One interpretation of the Benczkowski Memo is that it lays out a road map for companies who get into FCPA hot water on how to avoid a monitor. Is that interpretation valid?
- Regime change overseas has more often brought investigations from the new regime into the old regime. From a corporate perspective, what should a Board, senior management or CCO-type do to prepare for democratically elected regime change?
- Under GDPR, have investigations in the EU/UK changed for the firm or your clients?
You can check out a copy of Miller & Chevalier’s FCPA Winter Review 2019 by clicking here.