2018 FCPA Year in Review
Bribe, Swindle or Steal
Alexandra Addison-Wrage of TRACE International
4.9 • 582 Ratings
🗓️ 9 January 2019
⏱️ 30 minutes
🧾️ Download transcript
Summary
Kara Brockmeyer, former Chief of the SEC's FCPA Unit and now with Debevoise & Plimpton, discusses key enforcement actions, the shifting legal landscape and compliance trends from 2018, together with a few predictions for 2019.
Transcript
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| 0:00.0 | Welcome back to the podcast and thank you for joining us at the start of another year of bribe, swindle, or steel. |
| 0:14.3 | I'm Alexandra Roggey and my guest today for our 2018 year in review is Kara Brockmeier. |
| 0:24.4 | Kara is a litigation partner in the Washington Office of Debevoys and Plimpton, |
| 0:30.1 | where her practice focuses on representing companies and individuals in anti-corruption, fraud, |
| 0:33.5 | and related government investigations and internal investigations, |
| 0:36.1 | as well as advising on compliance issues. |
| 0:41.7 | Prior to joining the firm, Kara was the chief of the SEC Enforcement Division's FCPA unit and directed a nationwide team of attorneys and forensic accountants investigating FCPA violations. |
| 0:47.8 | She is a widely recognized expert in the field and a regular speaker at trace events for which we and our members are grateful. Thank you, |
| 0:55.0 | Karen, and happy New Year. Happy New Year. It's my pleasure to be here. There will be a number of |
| 0:59.9 | year-in review articles and webinars over the next couple of weeks, and I'd like to keep ours fairly |
| 1:04.8 | conversational. So why don't we just start by talking about what you see is the big story of 2018? |
| 1:13.2 | One of maybe the big story was that enforcement now for the second year in a row under the Trump |
| 1:19.2 | administration hasn't really fallen off. This year, the number of corporate actions and |
| 1:24.0 | individual actions ranked right up there with some of the biggest years, including 2016, that the government has had. So I think that's one story that you're going to see |
| 1:32.2 | a lot of people covering. So between the SEC and DOJ, there were a total of 18 corporate resolutions |
| 1:38.5 | done. The two of those were declinations with disgorgement under the DOJ's FCPA corporate |
| 1:44.0 | enforcement policy, which |
| 1:45.0 | we'll talk about in a minute. |
| 1:47.0 | And 16 of those were resolved either with SEC or DOJ actions or both. |
| 1:51.2 | There were five actions taken jointly by the two agencies, and then nine done by the SEC alone. |
| 1:57.4 | So once again, the SEC actually took more actions than DOJ because they had a total of |
| 2:02.2 | 14 and DOJ had a total of nine, counting the five that overlap. That's actually the third |
... |
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