DOJ's Shifting Approach to Recidivism and Self-Disclosure

Corruption Crime & Compliance

In this special episode of Corruption, Crime, and Compliance, Michael Volkov joins colleague and long-time friend Tom Fox as they delve into the intricacies of recent FCPA enforcement actions, shedding light on the evolving landscape of corporate compliance. From the ABB case to the SAP settlement, Michael and Tom dissect the nuances of voluntary disclosure, extensive remediation, and the shifting priorities of the Department of Justice. Join them as they navigate the complexities of recidivism, cooperation, and the pivotal role of self-disclosure in today's compliance environment.

You’ll hear them discuss:

• The Department of Justice (DOJ) faced a challenging situation with ABB, a three-time FCPA recidivist, raising questions about their enforcement actions and policies.
• ABB's case highlighted the importance of voluntary disclosure, extensive cooperation, and remediation in mitigating penalties and demonstrating commitment to compliance.
• The shift in DOJ's approach towards recidivism and self-disclosure signaled a new emphasis on data-driven compliance and the use of evidence to support remediation efforts.
• Albemarle and SAP cases showcased the significance of data-driven compliance programs and proactive measures to address compliance deficiencies.
• DOJ's focus on self-disclosure as a key factor in enforcement actions underscores the importance of transparency, cooperation, and timely reporting in compliance efforts.
• The evolution of DOJ's policies and enforcement strategies in 2023 reflected a balance between tough enforcement on recidivism and incentivizing self-disclosure through reduced penalties.
• The role of voluntary disclosure, remediation, and cooperation is critical in navigating FCPA enforcement actions and achieving favorable outcomes with the DOJ.

Resources

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Tom Fox on LinkedIn

Compliance Podcast Network