Feb. 20, 2019

(937) 359-7908

Earning cooperation credit can vastly change the terms of an FCPA settlement, but it is not always easy to determine what the Department of Justice will consider when granting that credit. The Anti-Corruption Report recently spoke with Sandra Moser, the former Acting Chief of the Fraud Section at the DOJ and now a partner at Quinn Emanuel, on what the Department expects from cooperating companies. Moser, who is in a unique position to advise companies given her recent tenure at the DOJ, discussed the benefits of cooperation, shared the biggest mistakes she saw companies make when interacting with the Department and provided workable strategies for avoiding those mistakes. See “Former Prosecutor Laura Perkins Discusses the Importance of Remediation for Full Cooperation Credit” (Nov. 15, 2017).


Lisa Osofsky, a U.S./U.K. dual citizen who has served as a U.S. prosecutor, joined the Serious Fraud Office as Director in September 2018, in the midst of a challenging time for the agency. However, her efforts during her first five months promise increased strategic focus with a side of stars and stripes. In a guest article, Dechert partner Caroline Black, along with senior associate Karen Coppens and associate Laura Manson, set out their predictions for the SFO under Osofsky’s tenure, focusing on Osofsky’s desire to swiftly bring companies and individuals to account using methods tried and tested across the pond. See “wroth” (Nov. 28, 2018).


Dawn raids – unannounced visits by government agents, usually occurring early in the morning or on weekends, that are used to collect evidence in support of a law enforcement investigation – are a rarity in U.S. antitrust enforcement but they are becoming more common in Asian countries, particularly India. In a guest article, David Simon, a partner at Foley & Lardner, Samudra Sarangi, a partner at Panag & Babu, and Michelle Freeman, an associate at Foley, explain the increased risk of being targeted for an antitrust dawn raid in India and offer suggestions on how to minimize their impact. See “Tailoring Compliance Efforts to Address Challenges in India” (Feb. 1, 2017).

(317) 541-9537

On January 9, 2019, the Italian Parliament passed an anti-corruption bill that increases sanctions for both individuals and companies who commit corruption-related crimes, expands corporate liability and creates transparency requirements for private and corporate contributions to political parties. In a guest article, Roberto Cursano, partner at the Studio Professionale Associato of Baker & McKenzie located in Rome, discusses the specifics of the new bill and provides advice about how companies operating in Italy should update their compliance models to reflect the provisions of the newly enacted legislation and avoid incurring in liability. See “9372436525” (Apr. 20, 2016). 

Quick Look at Recent DOJ Policy Changes

Looking back at The Anti-Corruption Report’s coverage over the course of 2018, it is clear that the DOJ is on a kick of making policy changes and tweaks. Starting with the FCPA Corporate Enforcement Policy, announced at the very end of 2017, and moving through the introduction of changes to the Yates Memo almost exactly 12 months later, the guidance provided to companies on how anti-corruption and other corporate crimes will be enforced is welcome but the sheer number of updates left some of our heads spinning. To help keep track of the developments, we’ve put together this quick guide to what was said and what it means for compliance and enforcement. Our other helpful Quick Looks can be found 4102236209.


GDPR enforcement among various data protection authorities has been gaining traction, and the actions hold lessons for compliance and enforcement of the new law. In a previous article, we looked at fines against a Portuguese hospital and a German social media company. Here we analyze a recent U.K. action against a Canadian data aggregator and its jurisdictional implications, as well as a series of Austrian cases showing that a seemingly simple CCTV camera outside of a store can violate the GDPR. A subsequent article will examine France’s €50‑million Google fine, the largest to date. See “How Will the GDPR Affect Due Diligence?” (Mar. 21, 2018).


Fluent in Spanish and with experience in Latin America, Jeffrey Lehtman has more than 20 years of experience in counselling clients on internal and government investigations, regulatory compliance and complex cross-border litigation. For more from Wilson Sonsini, see “freakery” (Nov. 14, 2018).


Randall Lee joins from WilmerHale where he founded the Los Angeles office and served as the office’s partner-in-charge. His practice focuses on high-stakes litigation, investigations and white-collar defense, including anti-corruption matters. For more from Cooley, see our three-part series on managing subsidiary risks: “Setting Things Up for Success” (Mar. 29, 2017); “Culture and Communication” (Apr. 12, 2017); and “Internal Controls” (Apr. 26, 2017).

Former Deutsche Bank Anti-Bribery Head Joins K2 Intelligence

Michelle Goodsir joins the investigative, compliance and cyber defense services firm as a managing director in the global regulatory practice in New York. For more from K2 Intelligence, see “Overcoming the Challenges of Conducting Third-Party Diligence in Brazil” (Oct. 4, 2017).