FCPA DIGEST January 2020 1
CONTENTS
ENFORCEMENT ACTIONS & STRATEGIES 3
Statistics 3
Geography & Industries 15
Types of Settlements 16
Elements of Settlements 16
Case Developments – The Trials 17
PERENNIAL STATUTORY ISSUES 19
Jurisdiction 20
Parent-Subsidiary Liability 20
Foreign Officials 21
Thing of Value 21
Modes of Payment 21
COMPLIANCE GUIDANCE 23
FCPA Corporate Enforcement Policy 24
Minor Revisions to Corporate Enforcement Policy 24
Updated Guidance from DOJ on the Evaluation of Compliance Programs 24
DOJ Issues Guidelines on Inability to Pay 25
Foreign Extortion Prevention Act 25
UNUSUAL DEVELOPMENTS 26
International Convergence (and some) Divergence 27
(Mostly) Increased Enforcement in Emerging Markets 28
Convergence of Anti-corruption and Sanctions Enforcement 29
Shell Nigeria – Case Developments 30
Federal Court Rules Former Shareholders Are "Victims" of Och-Ziff's Bribery 31
Petroecuador Makes Case for Restitution 31
UK–US Bilateral Data Access Agreement 31
ENFORCEMENT IN THE UNITED KINGDOM 33
SERIOUS FRAUD OFFICE 34
OTHER MATTERS OF INTEREST 37
