Tag: DPA

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Compliance Into the Weeds

More on DAG Monaco Speech-DPAs and NPAs

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Today, Matt and Tom continue their look at the recent speech by DAG Lisa Monaco to the ABA White Collar Institute on some very significant change to white collar, including FCPA enforcement. Today we consider potential changes to DPAs and NPAs and other settlement mechanisms.

Some of the issues we consider are:
·      Are DPAs and NPAs simply the cost of doing business?
·      Is the Wells Fargo growth cap a valid model?
·      What about greater DOJ or Monitor oversight?
·      Longer terms for DPAs?
·      New enforcement tools coming?
·      New review of DPAs and NPAs.
Resources
Matt in Radical Compliance
So What Happens Next with DPAs
Tom in the FCPA Compliance and Ethics Blog
Monaco Speech – Individual Accountability
Monaco Speech – Monitors
Text of DAG Monaco Speech

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Compliance Into the Weeds

Compliance into the Weeds – Episode 46 – The Potted Plant Edition

HSBC v. Moore

In this case, a federal district court had ordered the release of a redacted monitor’s report in the HSBC money-laundering Deferred Prosecution Agreement (DPA) based upon the request of an interested citizen. Both the Department of Justice (DOJ) and HSBC appealed the order, and the Court of Appeals supported their position in overturning the trial court’s decision. The case is about a hook, line, and sinker overturning of any trial court jurisdiction one can have. The district court tried to claim it did not have the same role as a “potted plant,” but the Court of Appeals left no doubt that is the only role it sees for any district court where a DPA is filed. We discuss the implications for the compliance practitioner, FCPA enforcement, and potential future changes. Are district court’s simply potted plants when it comes to DPA oversight?