THINK TANK

Repeat Offenders: How to Mitigate the Risk of Recidivism with FCPA Compliance

June 19, 2018 1:45pm

Joshua Foster
Vice President, Global Compliance Operations
Zimmer Biomet (Hicksville, NY)

Guy Singer
Partner
Orrick, Herrington & Sutcliffe LLP (Washington, DC)

  • Juxtaposing the Zimmer and Orthofix cases: A practical discussion of similarities and differences in how the authorities and companies handled the respective matters:
    • Resolutions
    • Monitorship
    • Discovery of additional improper conduct
  • Viewing recidivism in the context of the DOJ’s new FCPA guidance/corporate enforcement policy
  • Discussion on how the DOJ and SEC view and assess a repeat FCPA breach
  • Best practices from those who have been subject to repeat enforcement
  • A second wave of DPAs and FCPA settlements: How recent repeat enforcement action has differed from past DOJ and SEC practices
  • Whether regulators are less inclined to consider a declination for repeat offenders
  • A deep dive into whether the SEC and DOJ are moving from a joint and/or parallel investigation and enforcement model to separate ones
  • How companies can internally handle an investigation the second time around