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On March 3, white collar practitioners gathered for an ABA conference session on recent FCPA developments and government priorities with Charles Cain, Chief of the FCPA Unit at the SEC, and David Last, Chief of the FCPA Unit within the Fraud Section of the DOJ. Cain and Last both acknowledged that the early days of the pandemic presented challenges with court logistics and grand jury commencement. They also suggested that gathering evidence, especially from foreign partners, has been tougher in the COVID-19 environment. At the same time, they noted that defense counsel are now well-adapted to remote proceedings, and in-person meetings are ramping up. While hybrid investigations and enforcement proceedings are expected to continue, Cain and Last agreed that conducting hearings, proffers, and settlement discussions in-person has undeniable benefits. Cain and Last are both aiming for higher penalties and increased numbers of individual and corporate FCPA cases in 2022.

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