Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, Tom Fox welcomes back James Tillen and Ann Sultan, both partners at Miller & Chevalier, and takes a deep dive into four recent DOJ policy announcements: FCPA Enforcement, White-Collar Enforcement, Criminal Enforcement Policy, and the Whistleblower Pilot Program.
They take a deep dive into Deputy Attorney General Todd Blanche’s memo on Investigations and Enforcement of the FCPA, reviewing the stated main goals of the DOJ and how prosecutors are supposed to achieve these goals. They also consider three directives to prosecutors: focus on cases involving individual misconduct, proceed expeditiously, and consider the collateral consequences. They also examine the White Collar Plan and CEP and ask if we have shifted from a presumption of declination to a more tangible framework and conclude by reviewing what compliance professionals need to consider and investigate now.
Key highlights include:
- How does the principle of “not attribute[ing] nonspecific malfeasance to corporate structures” impact potential prosecutions of companies and individuals?
- And how do these priorities jive with other DOJ priorities, such as prosecuting cartels/transnational criminal organizations?
- What does it mean for companies that the DOJ is prioritizing “serious misconduct”?
- What are the implications of the DOJ’s stated intent to avoid penalizing “routine business practices in other nations”?
- Do you see this as a shift in focus for the DOJ to non-US companies?
- Other DOJ Priorities & Announcements
- Policy Shifts and Clarifications
- Looking Ahead: What’s on the Horizon
Resources:
FCPA Spring Review 2025 – Miller & Chevalier
DOJ Criminal Division White Collar Plan
Guidelines for Investigations and Enforcement of the FCPA
Tom Fox
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