DoJ AAG Blanco FCPA Pilot
On Mar. 10, DoJ AAG Blanco spoke on FCPA enforcement, cooperation.
- Kenneth Blanco is Acting Assistant Attorney General, in the DoJ's Criminal Division.
- For last 18 years, was in Assistant US Attorney office for Southern District of Florida.
- Last 10 years, has been Deputy Assistant Attorney General, in the Criminal Division.
- Scope of Criminal Division
- Criminal Division has 600 attorneys in 17 sections and offices, mostly in Washington
- Including bribery, corruption, organized crime, trade secret theft, money laundering.
- Frauds using securities, against governments, healthcare, computer and technology.
- International aspects are Foreign Corrupt Practices Act (FCPA), BSA and kleptocracy.
- Requires staff to go all over the world to seek evidence and witnesses to build cases.
- Use international cooperation with foreign partners that permit exchange of evidence.
- Multi-Jurisdictional Prosecutions
- Seen increased multi-jurisdictional prosecution of criminal conduct, when conduct is
transnational in nature and when several countries have prosecutorial authority for it.
- Countries strengthened domestic law and power to prioritize white collar prosecution.
- US sought to reach global resolutions, which apportion penalty between jurisdictions.
- US has seen increase in foreign requests for evidence gathering and legal assistance.
- Cited DoJ Dec. 2016, $3.5bn Odebrecht action with Brazil, Switzerland, see #30365.
- Reported that 10 further countries have confirmed their own investigations into firm.
- Extended FCPA Pilot Program
- Follows DoJ Apr. 2016 establishment of FCPA pilot enforcement program, see #27109.
- Provides clear metrics for voluntary self-disclosure, full cooperation, and remediation.
- Outlines benefit for voluntary self-disclosure of wrongdoing, cooperation, remediation.
- One-year pilot period ends on Apr. 5, when will evaluating the utility and if to extend.
- The program will continue in full force until DoJ reach a final decision on those issues.
||Sp, 3/10, 2017, FCPA, BSA
||AML; Anti-Bribery; Compliance; Financial; Legal; Operations
||United States of America; Cross-Border
||AML & Enforcement
Last substantive update on 03/13/2017