We take things a different way in this episode as the commentators throw out five topics for consideration by the group. Last week we had topics from Jay and Matt; this week from Jonathan and Tom.

Topics from Jonathan:

  1. The right to be forgotten in the EU;
  1. Big data and compliance-the EU regulators wrap anti-trust issues into data privacy;
  1. A wrap up for the 6 years since the Bribery Act came into existence; and
  1. The troubling inclination of UK regulators to engage in burden shifting in anti-bribery cases.

Topics from Tom:

  1. In view of Trump’s abysmal performance at the G-20, will other countries ramp up anti-corruption enforcement?
  1. Will the new book by Jesse Eisinger The Chickenshit Club make any difference?
  1. Three months ago the SFO appeared to be in trouble. Now it is leading the anti-corruption charge. Tying into Q1 above, will we see more aggressive enforcement out of the UK?
  1. Now that compliance has become inculcated into the business process of most energy companies, with the attendant benefits, will there a pull back on the business side of things.
  1. Can a new comer really win the AL? What does the panel see in the second half of the season?

In this episode, Matt Kelly and I take a deep dive into the Dodd-Frank and Sarbanes-Oxley reform initiatives in the House of Representatives and as articulated by incoming SEC Chairman Jay Clayton. For more see Matt Kelly’s blog post SEC Chair Clayton Talks Compliance Costs.

In this episode I visit with James Koukios, a partner at Morrison and Foerster on the firm’s newsletter, Top Ten International Anti-Corruption Developments for May 2017. Our topics include:

  1. FCPA Assistant Chief BJ Stieglitz has been selected for detail to UK Financial Enforcement Authorities. We discuss how does a prosecutor work overseas, what this might mean for prosecutions going forward both in the US and UK and what is the relationship of the DOJ with its British counterparts?
  2. The DOJ has moved to terminate its DPA over Hewlett-Packard. We discuss what it means to have a DPA terminated and what is the role of the DOJ in this phase? We also consider what is the decision-making process if a DPA has to be extended due to continued or new conduct by a company under such an agreement.
  3. Finally, we consider some of the difficulties of some of the DOJ’s Challenges in Obtaining Foreign Evidence, through a recent ruling in Civil Forfeiture Case. On May 9, 2017, In the case of United States v. Prevezon Holdings Ltd., Southern District of New York Judge William H. Pauley III, ruled that certain evidence obtained by prosecutors from foreign sources was admissible in a civil asset forfeiture case, notwithstanding that the documents lacked the requisite certifications under the Federal Rules of Evidence. We consider the process for getting information from overseas; why it takes so long, what happens if it does not meet US evidentiary or even admissibility standards?

To see a full copy of the firm’s publication, Top Ten International Anti-Corruption Developments for May 2017, click here.

This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including:

  1. Will Canada approve DPAs for use in anti-corruption prosecutions? TI-Canada recommends they come into use. See article in Corporate Compliance by clicking here. Also see interview with RCMP Superintendent Denis Desnoyers in GIR.
  2. Midyear FCPA enforcement report by Stanford Law Journal. See article in WSJ.
  3. The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in Compliance Week.
  4. Are Mexican anti-corruption efforts moving forward or not. See pro see article entitled, New Mexican Anti-Corruption Law Enters into Force Global Compliance News. For con see article by Juan Montes Mexican Antigraft Efforts Falter, in WSJ.
  5. With the departure of Walter Shaub from the US Office of Governmental Ethics and Hui Chen as the Compliance Counsel, who will lead the US ethics and compliance efforts. See Jaclyn Jaeger’s article in the Compliance Week.
  6. Everything Compliance-Episode 14 is out. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Episode 15 will go up on July 27.
  7. Former Haitian Telco exec pleads guilty, Dick Cassin reports in the FCPA Blog. Dmitrij Harder jailed five years for FCPA offenses. See article by Dick Cassin the FCPA Blog.
  8. The twins are back home from summer camp. What does it mean for the Rosen household?
  9. Jay previews his weekend report.

In this episode, Matt Kelly and I discuss the recent Second Circuit Court of Appeals decision in HSBC v. Moore. In this case a federal district court had ordered the release of redacted monitor’s report in the HSBC money-laundering Deferred Prosecution Agreement (DPA), based upon the request of an interested citizen. Both the Department of Justice (DOJ) and HSBC appealed the order and the Court of Appeals supported their position in overturning the trial court’s decision. The case is about a hook, line and sinker overturning of any trial court jurisdiction as one can have. The district court tried to claim it did not have the same role as a “potted plant” but the Court of Appeals left no doubt that is the only role it sees for any district court where a DPA is filed. We discuss the implications for the compliance practitioner, FCPA enforcement and any potential changes going forward.