FCPA Enforcers Talk About the Past Year and What’s To Come

The annual American Conference Institute’s International Conference of the Foreign Corrupt Practices Act kicked off with remarks from David Last, the new Chief of the Department of Justice’s FCPA Unit, and Charles Cain, the longtime Chief of the Securities and Exchange Commission’s FCPA Unit. Here are some of the key takeaways:

• Criminal prosecutions of individuals are on pace with prior years, while the number of corporate enforcement actions is down this year.
• Their units are busy at work and new enforcement actions are expected to be announced over the coming months.
• The pandemic has caused delays, but less so over time.
• International coordination is not just a trend; it’s an ongoing “reality.”
• In addition to data mining, data analytics can assist corporate compliance programs.
• DOJ will “follow the money.”
• New and revived DOJ policies will influence FCPA enforcement.
• The SEC is interested in the financial services sector.

Source:

• Arnold & Porter: “We Follow the Money,” “The Pipeline Is Strong,” “If We Find You, It Is Going to Be a Worse Result”: FCPA Enforcers Talk About the Past Year and What’s to Come