In this episode, I visit with Mike Skopets, from Miller & Chevalier on the firm’s Summer 2017 FCPA Report. We discuss the background to the Report and begin with what macro trends the firm identified. We discuss the numbers of resolutions, declinations and investigations and what they might demonstrate. We go into the Linde Gas and CDM Smith declinations with disgorgement and what these two superior decisions portend for the compliance practitioner. We consider the Kokesh decision by the US Supreme Court and what it may mean for not only FCPA enforcement but the compliance professionals decision making calculus for self-disclosure. It is a very interesting wrap up of the first six months of the FCPA world in 2017.
Miller & Chevalier’s Summer 2017 FCPA Report is available at no cost on the firm’s website. You can obtain a copy by clicking here.