Calling FCPA and anti-corruption enforcement a "core
priority of the Department of Justice," Mythili Raman, Acting Assistant
Attorney General, Criminal Division, recounted the Department's successes
across the nation and its coordination around the globe. "Keynote Address at
the Global Anti-Corruption Congress," Washington, D.C., June 17, 2013 (here).
Since 2009 the DOJ has resolved over 40 corporate corruption cases. Those
include nine of the top ten largest settlements in terms of penalties in the
history of the Act, resulting in about $2.5 billion being paid in monetary
FCPA enforcement is not, however, just about corporate
settlements, the Acting Deputy AG emphasized. Rather, a key focus is the
prosecution of individuals across the country. Since 2009 the Department has
successfully secured the conviction of over three dozen individuals. Indeed,
over the last two months FCPA charges have been brought, or guilty pleas
obtained, against 12 executives and others. The "message" from these cases, is
clearly that "we are now - more than ever - holding individual wrongdoers to
The U.S. is not acting alone in these efforts, Ms. Raman
emphasized. To the contrary, the Department is working closely with countries
around the world. For example, at the conclusion of the recent settlements
between the DOJ, the SEC and French oil and gas giant Total, French enforcement
authorities requested that the Chairman, CEO and two other company executives
be referred to the French Criminal Court for violations which include the
foreign bribery law. This is the first coordination by U.S. and French
enforcement officials on a bribery case.
At the same time the DOJ is working closely with the OECD
and others around the globe. The Department is assisting the OECD with its
reviews of programs in other countries. Its program is also subject to analysis
by the organization. The recently published Guide to the FCPA, prepared by the
Department and the SEC, is the outgrowth of one such review. It may be today
"the most comprehensive effort ever undertaken by either the Justice Department
or the SEC to explain our approach to enforcing a particular statute" the
Acting Assistant A.G. noted.
The Department is also coordinating with officials from
other countries. In February of this year the DOJ, SEC and FBI hosted an
"unprecedented" meeting of 130 judges, prosecutors, investigators, and
regulators from more than 30 countries, multi-development banks, and international
organizations" around the world for training and an exchange of ideas in
combating foreign corruption. The conference also furthered specific
prosecutions. From all of this there is a "momentum of so many countries . . .
I am certain that now is the time to enhance, not diminish, our anti-corruption
efforts. The fight against global corruption is a critical mission. . . " the
Acting Assistant Attorney General declared.
ABA Seminar: Fifth
Annual FCPA Update: Protecting Your Business in the Future: Lessons from the
New DOJ-SEC FCPA Guide, June 19, 2013 from 1:00 -2:30 p.m. EST. The discussion
will focus on building effective compliance systems and conducting M&A due
diligence. Co-moderators: Thomas Gorman and Frank Razzano. Panel: John Buretta,
Principal Deputy to the Assistant AG, DOJ; Charles Cain, Deputy Director, FCPA
Unit, SEC Division of Enforcement; Catherine Razzano, Assistant General
Counsel, General Dynamics Corporation; Steve Siegel, Senior Counsel, Northrop
Grumman Corporation; Ryan Ong, Director of Business Advisory Services, U.S.
China Business Counsel. Live in Washington, D.C at 600 14th St.
N.W., Penthouse (no charge for ASECA members attending live in Washington who
pre-register by sending an e-mail to email@example.com). Webcast
nationally by the ABA and available in other Dorsey & Whitney offices. For
further information please click here.
For more commentary on developing securities
issues, visit SEC Actions, a blog by Thomas
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