Catching Up with Dan Kahn
Bribe, Swindle or Steal
Alexandra Addison-Wrage of TRACE International
4.9 • 582 Ratings
🗓️ 10 November 2021
⏱️ 16 minutes
🧾️ Download transcript
Summary
Dan Kahn joins the podcast to discuss his time at the US Department of Justice, including as Chief of the FCPA Unit, and his recent transition back to private practice as a partner in the White Collar Defense and Investigations practice in Davis Polk's Washington office. Dan discusses recent trends, the new guidance announced by Deputy Attorney General Lisa Monaco and some approaches to pursuing demand-side bribery.
Transcript
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| 0:00.0 | Welcome back to the podcast, bribe, swindle, or steel. |
| 0:09.3 | I'm Alexandra Rogge, and today I'm delighted to be speaking with Dan Kahn. |
| 0:13.8 | Many of our listeners will know Dan from his more than 11 years with the US Department of Justice, |
| 0:18.4 | where he held senior roles in the criminal division, including, for our purposes today, chief of the FCPA unit. Dan worked on some well-known foreign |
| 0:26.5 | bribery cases during his time with the DOJ, and he has recently returned to Davis Polk |
| 0:30.7 | as a partner in the white-collar defense and investigations practice in Washington, D.C. |
| 0:35.9 | So why don't we start there, Dan? Welcome. How does it feel |
| 0:39.0 | to be back in private practice? Thanks so much for having me. And it's great to be back at Davis |
| 0:44.4 | Polk. It's a place where I started my legal career. And it's just great to be back with old friends. |
| 0:49.4 | It was a very nice transition. And frankly, from my perspective, at least, I think when you're in the |
| 0:55.3 | government or when you're on the defense side, if you're doing your job well, you are trying to |
| 1:00.7 | look at it from both perspectives in any event. When I was at the government, certainly a lot of |
| 1:05.4 | what we were doing was trying to understand what the defense's arguments would be, what they are, |
| 1:10.2 | what the best arguments are, even if the defense weren't making them. And likewise, on the defense's arguments would be, what they are, what the best arguments are, |
| 1:11.4 | even if the defense weren't making them. And likewise, on the defense side, a lot of what we are |
| 1:16.3 | often trying to figure out is the way the government would look at something, how they would look |
| 1:20.5 | at evidence, how they would judge a compliance program. And so in many ways, it's not that difficult |
| 1:26.0 | to transition, but it is great to be back at Davis |
| 1:28.7 | Paul. Whenever I speak to former prosecutors, it seems that for the first month or two, |
| 1:33.0 | they really struggle with their pronouns, us, them, we, the government. Are there any challenges |
| 1:37.2 | to shifting back to private practice? Not yet. It's only been a few weeks. It's been great |
| 1:43.0 | so far. It's always a challenge learning how to build time again. That's something that you obviously don't do in the government. And I have no doubt that the pronouns will start to come naturally at some point, but totally understand that challenge as well. |
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