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FCPA Compliance Report

FCPA Compliance Report – Tom Fox and Michael Volkov Look at Incentives for Self-Disclosure

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Michael Volkov as they take a deep dive into the ABB, Albemarle, and SAP FCPA enforcement actions to try and unpack the DOJ’s pivot away from heavy penalties for recidivists to prioritizing self-disclosure above all else.

Volkov’s perspective on the Department of Justice’s (DOJ) FCPA enforcement actions is both critical and analytical, shaped by his extensive experience. He underscores the necessity of transparency and explanation in the factors considered by the DOJ, highlighting its significance to practitioners in the field. Volkov also recognizes the shift in DOJ policy towards data-driven compliance, requiring companies to provide data to substantiate their conclusions and demonstrate their compliance efforts. He further notes the evolving landscape of voluntary disclosure and remediation, suggesting these areas are now pivotal in the DOJ’s enforcement approach. Volkov’s insights reflect a nuanced understanding of the changing dynamics in FCPA enforcement and the imperative for companies to adapt to these shifts.

Key Highlights:

  • Importance of Cooperation in Corporate Enforcement Cases
  • Incentivizing Self-Disclosure in DOJ’s FCPA Enforcement
  • Increased Penalty Reduction for Voluntary Self-Disclosure
  • DOJ’s Evolving Approach to Corporate Penalties
  • Benefits of Voluntary Self-Disclosure in Enforcement

Resources:

Volkov Law Group

Corruption, Crime and Compliance

Tom Fox

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Compliance Into the Weeds

Update to the Corporate Enforcement Policy

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more. In this episode, Matt and I deep dive into the recent Kenneth Polite speech announcing changes to the Corporate Enforcement Policy.

Some of the highlights include:

·      What are the policy reasons for the change?

·      Real credit is now being given for effective compliance programs.

·      What about self-disclosure?

·      What is the new definition of an effective compliance program?

·      Is the DOJ trying to avoid 5th Amendment concerns? Will it work?

·      New percentage discounts and what they mean?

·      Why does Matt have more questions?

 Resources

Tom cited in CCI

Matt Kelly in Radical Compliance