Lawyers say that the introduction of a compliance counsel reflects a wider trend: that the skill sets of federal prosecutor and compliance officer are merging as the Justice Department uses compliance as a foundation stone of its Foreign Corrupt Practices Act enforcement.
While top officials at the U.S. Department of Justice have used PetroTiger as an example for why companies should cooperate, attorneys interviewed by Just Anti-Corruption questioned to what extent its case can be applied to larger multinational or foreign companies who may also in a position to self-disclose potential misconduct.
Matthew Queler, an Assistant Chief in the Justice Department’s criminal Fraud Section, spoke Wednesday at a conference in Paris, Global Investigations Review reported.
While containing many familiar themes, Assistant Attorney General Leslie Caldwell’s remarks on Friday also marked one of the most focused attempts since publication of 2012’s A Resource Guide to the U.S. Foreign Corrupt Practices Act to address complaints from the business community that charging decisions are too opaque.
Among seven pages of written “questions for the record,” the Texas Republican broached a new idea: Don’t enforce the FCPA if a violation occurred in a country with its own anti-corruption laws.
From private practice to the U.S. Attorney’s office in Brooklyn, Attorney General nominee Loretta Lynch has engaged with the foreign anti-bribery statute from both sides of the coin.
The panel discussion was entitled, “Managing your Own Employee Risks: What Government Now Expects for Employee Screening, Compensation – and How to Use HR as a Gatekeeper.”
Marshall L. Miller spoke about the FCPA and Weatherford’s settlement at the conference.
A major new shift in tone as the Criminal Division’s Marshall L. Miller yokes leniency for corporations seeking to settle charges to their willingness to give up employees for prosecution.
In an interview with Main Justice, Knox discussed his “difficult” decision to leave the department after 11 years, while defending the lack of a compliance defense for corporations facing prosecution. UPDATED
It’s almost ridiculous that we consider it progress by merely forcing corporate wrongdoers to admit the truth.
Key meetings between mining companies Vale and Rio Tinto took place in Cleary Gottlieb’s New York offices, Rio Tinto’s revised RICO complaint says, among other new details.
The banks run two of the nation’s biggest dark, alternative trading systems.
Issa wants to take a look at Morgan Stanley, Citigroup files.
John Nowak prosecuted, among others, a Morgan Stanley executive who pleaded guilty to bribery in China.
Qualcomm, meanwhile, disclosed two years ago it had a potential FCPA problem regarding hiring of well connected Chinese employees.
Hiring practices by banks in China have been under scrutiny by the U.S. government for possibly violating the FCPA.
Lawmakers lament the Justice Department’s meek attempts to hold individuals responsible for corporate crimes.
JPMorgan Chase was the first bank to disclose a U.S. government investigation into its hiring practices in China that could violate anti-corruption laws.
Topics from the recent Georgetown Law panel: Why a “compliance defense” won’t fly; the need for “young prosecutors” to get more sophisticated about business, and mere incompetence won’t get a compliance officer prosecuted.
In this unusual Foreign Corrupt Practices Act prosecution, Asem Elgawhary – who headed a joint venture with Egypt’s state-owned electricity company — is accused not of giving the bribes, but taking them.
The charges suggest the FCPA unit continues to be willing to investigate crimes that do not violate the Foreign Corrupt Practices Act.
The Libyan Investment Authority lost nearly $1.3 billion with the Wall Street investment bank and has filed suit in London to recoup it.
Bistrong, who was the government’s informant in the Gabon sting trial, was released last month after being sentenced to an 18-month prison term in July 2012.
The probes are focusing on whether the firms hired relatives of well-connected foreign officials with the intent of winning business.
The move comes as U.S. authorities expand their investigation into whether banks’ hiring of politically connected Chinese employees may have breached U.S. foreign bribery laws.
Cole spoke at the American Conference Institute’s 30th annual conference on the Foreign Corrupt Practices Act at National Harbor, Md., outside of Washington, D.C.
Compliance officers are critical to protecting both a bank’s reputation and its bottom line. They’re essential when it comes to preventing criminal activity – and if that effort is not entirely successful, detecting and reporting such conduct.
Banks and corporations looking for compliance credit from prosecutors must have robust programs, Deputy Attorney General James Cole said today.
Transcript of the Sept. 19 panel discussion in Washington, D.C., featuring the Justice Department and Securities and Exchange Commission FCPA chiefs.