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Bribe, Swindle or Steal

2018 FCPA Year in Review

Bribe, Swindle or Steal

Alexandra Addison-Wrage of TRACE International

Business, News, Business News

4.9582 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

Click on a timestamp to play from that location

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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