Issue link: https://digital.shearman.com/i/1265921
FCPA DIGEST July 2020 1 CONTENTS ENFORCEMENT ACTIONS & STRATEGIES 4 Statistics 5 Geography & Industries 9 Types of Settlements 10 Elements of Settlements 11 Case Developments 11 Highlight on Airbus: Perspectives from the United States, the United Kingdom, and France 12 PERENNIAL STATUTORY ISSUES 17 Jurisdiction 18 Foreign Officials 19 Thing of Value 19 Modes of Payment 19 COMPLIANCE GUIDANCE 20 Compliance Challenges In a COVID-19 World 21 DOJ Revises Corporate Compliance Programs Guidance 21 Artificial Intelligence & Compliance Program Reforms 22 Money Laundering Compliance Concerns for Financial Institutions 23 UNUSUAL DEVELOPMENTS 24 COVID-19 and Increased Bribery Risks 25 Pending Legislation: The Countering Russian and Other Overseas Kleptocracy (CROOK) Act 25 FCPA Convictions Successfully Challenged in Court: Baptiste, Boncy, and Hoskins 25 Record Rewards Issued Under the SEC Whistleblower Program 26 SEC Backslides on Agency Requirements 26 IRS Issues Guidance on Non-Deductibility of Disgorgement and Forfeiture 27 Supreme Court Permits & Limits SEC Disgorgement 27 Foreign Developments 28 PRIVATE LITIGATION 30 Restitution Claims 31 Securities Fraud Claims 31 RICO Claims 32