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Mike Koehler on What’s Really Going on With FCPA [Podcast]

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Manage episode 418736853 series 2837193
Content provided by SCCE. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by SCCE or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
By Adam Turteltaub Best known as The FCPA Professor, Mike Koehler argues that that many people have it all wrong when it comes to enforcement of the Foreign Corrupt Practices Act (FCPA). Citing historical data he argues that there is not, contrary to popular opinion, a slow down in enforcement of the FCPA. The pace of roughly 12-13 resolutions per year has continued. In fact, the three resolutions in the first quarter of 2024, he notes, puts it on track to continue the trend. How do compliance teams get management attention to FCPA enforcement? He recommends against just focusing on the likely price of the settlement. Instead, outline all the costs. Those start with the multiple years before the resolution when the costs of legal, accounting and other fees may be as much as twice the resolution. Then, point to the eighteen months or so after the settlement when the organization will be under ongoing scrutiny, likely at a substantial cost. All of this, of course, is in addition to the diminished productivity and potential business losses. Listen in to learn more about how he sees anticorruption enforcement shaping out both by US and international prosecutors.
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102 episodes

Artwork
iconShare
 
Manage episode 418736853 series 2837193
Content provided by SCCE. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by SCCE or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
By Adam Turteltaub Best known as The FCPA Professor, Mike Koehler argues that that many people have it all wrong when it comes to enforcement of the Foreign Corrupt Practices Act (FCPA). Citing historical data he argues that there is not, contrary to popular opinion, a slow down in enforcement of the FCPA. The pace of roughly 12-13 resolutions per year has continued. In fact, the three resolutions in the first quarter of 2024, he notes, puts it on track to continue the trend. How do compliance teams get management attention to FCPA enforcement? He recommends against just focusing on the likely price of the settlement. Instead, outline all the costs. Those start with the multiple years before the resolution when the costs of legal, accounting and other fees may be as much as twice the resolution. Then, point to the eighteen months or so after the settlement when the organization will be under ongoing scrutiny, likely at a substantial cost. All of this, of course, is in addition to the diminished productivity and potential business losses. Listen in to learn more about how he sees anticorruption enforcement shaping out both by US and international prosecutors.
  continue reading

102 episodes

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