Episode 5 speakers Jon Kolodner and Lisa Vicens co-authored a piece with Cleary Gottlieb colleagues in July 2020 entitled “DOJ and SEC Release Updated FCPA Resource Guide”.  On the updated FCPA (Foreign Corrupt Practices Act) guide, the Cleary Gottlieb piece states, among other things:

“Elaborating on the compliance program guidance in the first edition, the updated FCPA Guide expands its analysis of an effective compliance program by incorporating DOJ’s 2020 Evaluation of Corporate Compliance Programs.  This updated guidance, which was first promulgated in 2017, provides a framework for DOJ’s analysis of the effectiveness of a company’s compliance program at the time of the offense and charging decision for the purpose of determining: ‘(1) the form of resolution or prosecution, if any; (2) the monetary penalty, if any; and (3) the compliance obligations to be included in any corporate criminal resolution (e.g., whether a compliance monitor is appropriate and the length and nature of any reporting obligations).’”

Read the full piece here.