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:

  1. 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?
  2. 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?
  3. 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?
  4. 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?
  5. 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?
  6. 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.