GIR April 2017

In this edition, GIR asks: have we reached Peak Penalty?

While our analysis shows that the number of enforcement actions is on the rise, the total level of associated penalties has dropped from a high of US$65 billion in 2014 to US$36 billion in 2016. In this issue, we take a look behind the headline figures and ask whether we’re likely to see such sizeable enforcement actions in future.

GIR also speaks to lawyers who questioned the value of self-reporting in the wake of Rolls-Royce’s DPA, after the company obtained the settlement without coming forward to the authorities.

Elsewhere, we provide write-ups of 3 conferences: GIR London, ABA Miami, and the OECD’s Global Anti-Corruption and Integrity Forum in Paris. 

In this issue: 

• GIR’s Enforcement Scorecard
• Interview: Boyd Johnson and Stephen Pollard (Wilmer Hale)
• GIR Live DC writeup: 
  • Data leaks and the DOJ pilot programme
  • UK/US conflicts, deleting documents and handling stolen information
  • VimpelCom, Karimova and the importance of international cooperation
  • Dutch Vimpelcom prosecutor: if US says it has jurisdiction, we don’t argue
  • New criminal division deputy stresses ‘continuity’ in FCPA enforcement
  • Compliance counsel has been “very helpful” to fraud section, McFadden says
• OECD Paris Conference:
  • Nigeria VP calls for inclusion of developing countries in drafting anti-corruption rules
  • French DPAs could leave companies exposed
  • SFO prosecutor calls for “expectation management” when calculating loss in bribery cases
• Rolls-Royce DPA:
  • David Green: Rolls-Royce deserved DPA despite not self-reporting
  • Self-reporting after Rolls-Royce: is it worth it?
• ABA Miami Conference: 
  • Beneficial ownership under the spotlight in DOJ investigations
  • ZTE used lawyers as “a mouthpiece to lie”
  • DOJ criminal division deputy: we’re good at cross-pollinating across sections
  • FCPA pilot programme will continue past April, says acting criminal division chief
  • DOJ offi cial: FCPA pilot programme may dissuade some companies from self-reporting
  • GCs welcome new compliance guidance, but question FCPA pilot programme
  • Companies missing SEC message on stifling whistleblowers
• UK money laundering regime: Money laundering risks for non-regulated businesses
• People News