Friday, July 3, 2020

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At Large: Is This the Most Important Change in the DOJ’s New Guidance?

DOJ’s new guidance for evaluating corporate compliance programs puts the spotlight on organizational justice, or what Richard L. Cassin simply calls “fairness.” The update adds this question: Does the compliance function monitor its investigations and resulting discipline to ensure consistency? “Why is the added emphasis on monitoring to ‘ensure consistency’ so important?” Cassin asks. “Because […]
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The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find...

Foley & Lardner presents six scenarios under which companies with no operations (or even business) in the U.S. can still find themselves on the wrong end of an investigation by U.S. enforcement agencies. In each instance, foreign companies may swiftly – and often unknowingly – subject themselves to U.S. jurisdiction. Those pitfalls include: Meeting with […]
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DOJ Refreshes Guidance for Prosecutors on Evaluating Corporate Compliance Programs — Renewed Focus on...

The Department of Justice Criminal Division has announced revisions to its year-old guidance for prosecutors on the evaluation of corporate compliance programs. DOJ wants companies to be able to demonstrate that compliance programs were intentional, well-reasoned, and dynamic, and to prove that they should focus on three goals: Programs that do not include the collection […]
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Consumer Lender Sets Aside $21.7 Million to Settle Foreign Corrupt Practices Act Probe

South Carolina-based consumer lender World Acceptance Corporation has earmarked $21.7 million to resolve an SEC probe into its FCPA compliance. The firm’s discussions with the SEC to resolve the matter remain ongoing, and it does not currently have an offer of settlement of resolution pending with the Department of Justice. World Acceptance began an internal […]
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DOJ Updates Guidance for Evaluating Corporate Compliance Programs as a Record Number of Companies...

The Department of Justice has updated its internal guidance “Evaluation of Corporate Compliance Programs,” which it uses in determining whether, and to what extent,...

Venezuela’s CITGO Joins Other Companies and State-Owned Entities Seeking to Claim Victim Status and...

CITGO Petroleum Company – owned by state-owned Petróleos de Venezuela, S.A. – has sued its former agent José Manuel González Testino, for harm allegedly caused by his payment of bribes to foreign officials. Ironically, the bribes were paid to CITGO’s own employees, who are considered foreign officials under the FCPA. Last year, González Testino pleaded guilty […]
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Citgo Sues FCPA Defendant For Bribing Its Employees

In 2019 José Manuel González Testino pleaded guilty to conspiracy and violating the FCPA for providing things of value to Citgo Petroleum Corp. (a subsidiary of state-owned Petróleos de Venezuela S.A.). Recently, Citgo turned plaintiff and sued González and his associated company Petroleum Logistics Service Corp. for bribing its employees. The suit alleges breach of […]
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Key Ruling Issued on Privilege Waivers

The Fourth Circuit recently rejected a trial court’s ruling that a contractor’s mandatory disclosure submission waived its attorney-client privilege over the underlying internal investigation. In re Fluor Intercontinental, Inc., the court confirmed that “government contractors should not fear waiving attorney-client privilege” when making mandatory disclosures. Authors: Kevin T. Barnett, Michael Wagner of Covington & Burling More […]
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Charitable Donation Enforcement Actions

In a new podcast, Tom Fox addresses the potential fallout of making a charitable donation that violates the FCPA, and the heightened compliance risks presented by the COVID-19 pandemic. “This was a feature of the Eli Lilly and Company FCPA enforcement action brought by the SEC in 2012, involving a bribery scheme utilized by Lilly […]
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Thompson Hine Attorneys Discuss Privilege Issues During Internal Investigations

This FCPA Flash podcast episode is a 24-minute conversation with Thompson Hine attorneys Joan Meyer and Matthew Ridings. They use two FCPA related civil actions to discuss privilege issues associated with internal investigations. Listen to the podcast at FCPA Professor
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