Foreign Corruption, Pilot Program, Aviation Cocktail
Posted On November 29, 2018
The Republic is now a year out from DOJ’s announcement that its Foreign Corrupt Practices Act “pilot program” was to be made permanent. Some would say that the anniversary calls for alcohol either in joy or in sorrow. Perhaps an old cocktail, recently revived? One consistent with the “pilot” theme? Let’s try the Aviation:
Because of the risks, the dollars and the players, the FCPA connotes sophistication to the point of mystery and complexity to the point of opacity. We propose that the DOJ’s FCPA policy, now formally adopted in the department’s Justice Manual, means that these two connotations — mystery and complexity — are not always true. The concepts of the law have always been relatively simple, and the compliance information provided by the government to corporations is plentiful. The combination of simplicity and information sharing ratchets up the government’s expectation that companies will be FCPA-compliant. This expectation is even more forceful now that the government’s FCPA policy creates a presumption of nonprosecution for compliant companies. All of this is good news, except that it heightens the resulting consequences when there is a compliance failure.
Read the entire article here. And, now that you have a drink in hand and an article to read, what music is most appropriate for anti-corruption efforts? Try Warren Zevon’s “Lawyers, Guns and Money”: