John Davis Discusses 2017's Key Enforcement Actions and Compliance Developments on the FCPA Compliance Report Podcast
"Episode 374: John Davis on Miller & Chevalier's FCPA Winter Review 2018"
FCPA Compliance Report
In this podcast, John Davis discusses themes from the firm's Winter 2018 Foreign Corrupt Practices Act (FCPA) Review, including: (1) changes in FCPA enforcement posture by the Trump administration; (2) the uptick in individual enforcement actions under the FCPA; (3) the new FCPA Corporate Enforcement Policy and its key requirements; and (4) the increasing number of and challenges created by large, multi-national anti-corruption enforcement actions. Among other observations, Davis noted, "I think compliance programs are fundamentally important as a risk mitigation tool whether or not you've got an investigation, or are worried about an investigation. The [new] Enforcement Policy gives compliance officers another tool to tell management why these programs need to be in place and why the company needs to stay current on them in order to effectuate continuous improvement. The standards are continuing to evolve and if a company gets caught short in an investigation, they will not be able to qualify for the presumption of declination that is in place now."