Top Ten International Anti-Corruption Developments for March 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. March closed out an incredibly busy first quarter of FCPA and global anti-corruption enforcement. This month we ask: Who is the new leader of DOJ’s FCPA Unit? What big judicial decisions were handed down in pending FCPA cases? Which big FCPA resolutions were announced? Which countries are considering making deferred prosecution agreements available in corporate cases? The answers to these questions and more are here in our March 2016 Top Ten list:

1. Leadership Change in DOJ’s FCPA Unit. On March 7, 2016, the Department of Justice (DOJ) announced that Daniel Kahn, a long-time FCPA prosecutor and current Assistant Chief in the FCPA Unit, had been named Acting Chief of the FCPA Unit. Kahn joined the Fraud Section in May 2010 and was promoted to Assistant Chief in December 2013. Kahn has been involved in a number of high-profile corporate FCPA cases, including Alstom, Bizjet International, Bridgestone, Diebold, Lufthansa Technik, Ralph Lauren, and Tyco. Kahn has also prosecuted a number of individual defendants related to those corporate matters, and he was one of the lead prosecutors, along with MoFo’s James Koukios, in the trial of Haiti Teleco official Jean Rene Duperval that resulted in the first trial conviction of a foreign official for laundering the proceeds of an FCPA violation. For his role on the Duperval trial, Kahn was part of the team that received the Assistant Attorney General’s Award for Distinguished Service for the Haiti Teleco case, which also included the separate trial convictions of Joel Esquenazi and Carlos Rodriguez and the seminal Eleventh Circuit decision on the meaning of the term “instrumentality” as used in the FCPA. In addition to managing the FCPA Unit, Kahn is embroiled in the Hoskins case, which is pending trial in Connecticut and facing an adverse ruling (see below). Kahn is well known and well respected at DOJ, by his counterparts at the Securities and Exchange Commission (SEC), by foreign counterparts, including the Serious Fraud Office (SFO), and by the defense bar. While he has only been named as the “acting” head of the FCPA Unit, Kahn is likely a leading contender for the permanent position, among many other applicants. Kahn replaces Patrick Stokes, who now holds a different position within the Fraud Section.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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