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James Tillen and Will Barry Quoted on FCPA Settlement Negotiations in the Anti-Corruption Report

Subtitle
"AAG Benczkowski Wants Prosecutors to Be Compliance Sophisticates"

Anti-Corruption Report

James Tillen and Will Barry were quoted on comments by Assistant Attorney General Brian Benczkowski detailing how Department of Justice (DOJ) prosecutors are approaching compliance and settlement negotiations in Foreign Corrupt Practices Act (FCPA) cases. While prosecutors are asked to complete a fulsome investigation before approaching a company to negotiate a settlement, "when cooperating with the authorities, the development of the facts and discussions regarding those facts occur over a long period of time," Tillen said.

With regards to disgorgement calculations, "in principle, the idea that prosecutors should calculate disgorgement numbers based on facts is reasonable," Barry said. However, "realities such as which facts matter, how much they matter and whether they are in fact 'facts' is what drives the discussion when we are in the room," he added.