January 12, 2016
Another year has come and gone in the world of anti-bribery compliance, which means it’s time to review key enforcement takeaways from the past twelve months and to set priorities going forward.
Though analysts may spar on whether the DOJ’s dip in number of FCPA enforcement actions portends a more long-standing decline in enforcement activity or, rather, is a temporary phenomenon reflecting a period of leadership and policy transition, one takeaway from 2015 that is indisputable is the government’s focus on individual prosecutions. In September, Sally Yates, the DOJ’s Deputy Attorney General, released a memo highlighting the agency’s commitment to holding accountable the individuals responsible for corporate wrongdoing. The Yates Memo makes clear that in order for a company to receive any cooperation credit, and therefore potentially reduce the penalties and fines it will face, it must not withhold evidence or information regarding employees responsible for the wrongdoing. That all but two of the DOJ’s FCPA enforcement actions in 2015 were against individuals, as opposed to companies, denotes that individual prosecutions will likely be an upward trend.
We invite you to hear about these and other enforcement trends in a complimentary FCPA Year-in-Review 2015 webinar TRACE is hosting tomorrow, Wednesday, January 13 at 2 p.m. EST. Kathleen Hamann, Partner at White & Case, will lead a discussion of 2015’s most notable cases and give practical compliance tips for the coming year.
Additionally, TRACE has produced an FCPA Enforcement Trends of 2015 anti-bribery training vignette with Jeffrey Clark, Partner, Willkie, Farr & Gallagher LLP. This video, normally only available to TRACE members, will be publicly accessible on the TRACE Trends blog throughout the month January. TRACE anti-bribery training vignettes are 3 – 5 minute training videos featuring distinguished FCPA attorneys and in-house compliance professionals. Suitable for employees of all levels, these training vignettes are the perfect complement to your online or in-person training program. We invite you to circulate the FCPA Enforcement Trends of 2015 video to your employees as a “compliance reminder” and start the year off on the right foot!
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