How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action.
The Department of Justice (DOJ) has been unequivocal in its expectations for any company facing an FCPA enforcement action. This guide is tailored for compliance professionals and business executives who are part of such an investigation. It outlines the necessary steps to secure the most favorable resolutions, offering a glimmer of hope even in the most daunting circumstances. Since the introduction of the FCPA Corporate Enforcement Policy, the default position for any company that self-discloses a potential FCPA violation to the DOJ is that of a declination. This policy provides a significant advantage, even if a company does not self-disclose or there are aggravating factors, as it allows for substantial discounts from the DOJ. In the words of the DOJ, this guide details the actions a company can take to reduce any fine or penalty for an FCPA violation, providing a clear path to a more favorable outcome.
In this 10-part podcast series, we will examine the following tactics for reducing potential exposure if your company finds itself in the FCPA crosshairs:
1. Self-Disclosure.
2. The Need for Speed
3. Extensive Remediation
4. Root Cause, Risk Assessment and Gap Analysis.
5. Data Analytics.
6. Clawback and Holdbacks.
7. Change in sales models.
8. Enhancement of Compliance.
9. Internal Controls.
10. Investigative Protocol
Resources:
Nick Gallo on LinkedIn
The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action
Tom
