Lauren Briggerman and Dawn Murphy-Johnson Discuss Recent Federal Investigations of Executives on the FCPA Compliance Report Podcast

"Episode 356: Briggerman and Murphy-Johnson on Executives at Risk, Fall 2017"

FCPA Compliance Report Podcast

11.06.2017

In this podcast, Lauren Briggerman and Dawn Murphy-Johnson discuss the latest edition of Miller & Chevalier's newsletter, Executives at Risk: Navigating Individual Exposure in Government Investigations – Fall 2017, which covers recent developments in significant government investigations that impact executives. Briggerman and Murphy-Johnson address the implication of the Second Circuit's decision to overturn convictions in the LIBOR manipulation prosecution based on the government's use of testimony that had been compelled abroad; the impact of civil enforcement charges brought against MoneyGram's Chief Compliance Officer (CCO) Thomas Haider on other CCOs; and recent remarks from Deputy Attorney General Rod Rosenstein on prosecuting individual defendants. On the LIBOR decision, Briggerman said overall, "it remains to be seen how significant the [Second Circuit] case will be, "but the government argues it "would be hamstrung by this decision and that would be more reticent to pursue future investigations in parallel with other jurisdictions." Regarding the MoneyGram case, Murphy-Johnson noted it involved "one of the largest fines FinCEN [Financial Crimes Enforcement Network] has ever imposed on an individual" and "FinCEN is using this settlement – the monetary part of it and the ban – to make a statement that compliance professionals really need to be more rigorous in their oversight of their compliance programs." With respect to Rosenstein's remarks, "I don't think they indicate a shift in priorities," she said, adding, "Rod Rosenstein said himself that the Department [of Justice] is still thoroughly committed to bringing individuals who engage in corporate misconduct to task."