Akin Gump litigation partner Charles Connolly and associates David Coleman and Abigail Kohlman have written the article “The Role of Compliance in FCPA Enforcement,” which was published by NACD Directorship magazine, the publication of the National Association of Corporate Directors.
The article begins by discussing the increase in prosecutors in the Foreign Corrupt Practices Unit at the Department of Justice, which, as the authors write, “erases any doubt” that FCPA enforcement will remain a high priority for the government. They also note that the Securities and Exchange Commission has “increased its focus on both the FCPA and on corporate compliance programs.” Both of these moves, they say, “highlight the benefits—and risks—of corporate compliance programs.”
Maintaining a good compliance program, Connolly, Coleman and Kohlman write, “may result in a significant reduction in punishment” if there were to be a violation of the law. Additionally, as the DOJ has outlined in written guidance, “the DOJ and SEC will punish a company more harshly for a poor compliance program irrespective of whether it self-reports and cooperates.”
To read the full article, please click here.