Practising Law Institute (PLI)
On November 14, 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) released their much-anticipated Resource Guide to the Foreign Corrupt Practices Act, a self-described “unprecedented undertaking … to provide the public with detailed information about our FCPA enforcement approach and priorities.” The Guide discusses in detail the FCPA’s anti-bribery and accounting provisions, as well as other U.S. laws that can reach foreign corruption, and potential penalties and sanctions for individuals and entities that violate the FCPA. It also explains DOJ/SEC’s “guiding principles of enforcement” and explains potential means of resolving FCPA investigations.
This briefing will boil down the Guide’s ninety pages into the key points that you need to know to effectively represent a client facing an FCPA issue. In addition, the briefing will address the big-picture question of what the Guide means for you and your clients. Does the Guide say anything new? What, if anything, should you do differently to protect your clients’ interests in light of the information in the Guide? And how can you increase the likelihood that DOJ/SEC will decline your case?