Year in Review

November 28, 2018 8:45am

Charles E. Cain
Chief, FCPA Unit, Division of Enforcement
U.S. Securities and Exchange Commission

Daniel Kahn
Chief, FCPA Unit, Fraud Section, Criminal Division
U.S. Department of Justice

Moderated by:

Martin J. Weinstein
Partner
Willkie Farr & Gallagher LLP

Part I – Past and Present: Key Enforcement Takeaways from The Last 12 Months

USDOJ and SEC Unit Chiefs will discuss the most impactful developments over the last twelve months, and the changing enforcement landscape.

  • Status report on the implementation of the DOJ’s Corporate Enforcement and “Piling On” Policies, including:
    • What is now required for a company to sufficiently “voluntarily selfdisclose misconduct and “fully cooperate”
    • When a company’s actions would be deemed sufficient to trigger favorable treatment under the policy vs “aggravating circumstances”
    • What is “voluntary self-disclosure” within a “reasonably prompt time”?
    • Defining “full cooperation”
    • How “criminal recidivism” is defined
    • How the elements of the policy are being interpreted and applied:
    • What is expected for “timely and appropriate remediation?”
  • Messaging Apps: What is expected to prevent “employees from using software that generates, but does not appropriately retain business records or communications
  • What is now considered a violation of the internal controls provision of the FCPA
  • DOJ insights on the evaluation of corporate compliance programs
  • How the DOJ and SEC have been collaborating on enforcement matters
  • How recent court decisions affect the future of FCPA enforcement, including privilege and disgorgement

Part II – Looking Ahead: SEC and DOJ Priorities, and Multi-Jurisdictional Coordination

During the second segment of this panel, the distinguished speakers will discuss agency priorities moving forward, and additional perspectives on the FCPA compliance and enforcement landscapes. Topics will include:

  • How the SEC and DOJ will coordinate with foreign governments moving forward
  • The interplay of GDPR during an investigation
  • Focus on individual vs. corporate enforcement