New DOJ Guidance for FCPA Investigations and Enforcement: Updated Priorities, Corporate Compliance Strategies

This CLE webinar will closely examine the U.S. Department of Justice's recently updated guidance for investigations and enforcement of the Foreign Corrupt Practices Act (FCPA). The panel will discuss the four non-exhaustive priority areas on which prosecutors will focus when determining whether to bring a new FCPA matter and how these may impact enforcement action. The panel will also discuss how counsel may help corporate clients reassess their risk profiles and revise compliance strategies.

The DOJ recently issued its highly anticipated guidance for FCPA investigations and enforcement, ending the temporary FCPA enforcement pause announced in an earlier executive order. The guidance outlines the following four non-exhaustive factors that prosecutors should consider when evaluating whether to pursue FCPA enforcement actions and that should influence corporate risk assessment for FCPA compliance. The four non-exhaustive factors are:

(1) Total elimination of cartels and transnational criminal organizations (TCO). A primary consideration in FCPA enforcement moving forward will be whether the alleged misconduct may be tied to cartels or TCOs. 

(2) Safeguarding fair opportunities for U.S. companies. The guidelines strongly imply that non-U.S. companies will continue to be a focus of FCPA enforcement going forward; although targets will not be driven by nationality but based on those that undermine the rule of law and competitive markets that disadvantage law-abiding U.S. companies.

(3) Advancing U.S. national security. Enforcement action will also be focused on stamping out the bribery of corrupt foreign officials in instances involving key infrastructure or assets that could implicate or threaten U.S. national security.

(4) Prioritizing investigations of serious misconduct. Enforcement action will focus on misconduct involving substantial bribery rather than routine business practices or other de minimus, generally accepted business courtesies. 

Listen as our expert panel examines the DOJ's new FCPA guidance and discusses how the four non-exhaustive factors outlined therein may impact FCPA enforcement action moving forward. The panel will also offer best practices for helping corporate clients reassess their risk profiles and develop more targeted compliance strategies.