The U.S. Department of Justice released revisions to the Foreign Corrupt Practices Act corporate enforcement policy on March 8, 2019. While intended to clarify the DOJ’s position on a number of hot-button issues, including its controversial stance on certain instant-messaging software, a closer look reveals that these changes fall short of answering several key questions faced by companies seeking cooperation credit in FCPA matters. For more information, read this Law360 article written by Crowell & Moring’s Derek Hahn, Dalal Hasan, Tom Hanusik, and Steve Byers. 

Link to full reprint:  https://www.law360.com/articles/1141921

 

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Photo of Stephen M. Byers Stephen M. Byers

Stephen M. Byers is a partner in the firm’s White Collar & Regulatory Enforcement Group and serves on the group’s steering committee. He is also a member of the firm’s Government Contracts Group and E-Discovery & Information Management Group. Mr. Byers’s practice involves…

Stephen M. Byers is a partner in the firm’s White Collar & Regulatory Enforcement Group and serves on the group’s steering committee. He is also a member of the firm’s Government Contracts Group and E-Discovery & Information Management Group. Mr. Byers’s practice involves counseling and representation of corporate and individual clients in all phases of white collar criminal and related civil matters, including: internal corporate investigations; federal grand jury, inspector general, civil enforcement and congressional investigations; and trials and appeals.

Mr. Byers’s practice focuses on matters involving procurement fraud, health care fraud and abuse, trade secrets theft, foreign bribery, computer crimes and cybersecurity, and antitrust conspiracies. He has extensive experience with the federal False Claims Act and qui tam litigation, the Foreign Corrupt Practices Act, the Economic Espionage Act, and the Computer Fraud and Abuse Act. In addition to defense of government investigations and prosecutions, Mr. Byers has represented corporate victims of trade secrets theft, cybercrime, and other offenses. For example, he represented a Fortune 100 U.S. company in parallel civil and criminal proceedings that resulted in a $275 million criminal restitution order against a foreign competitor upon its conviction for trade secrets theft.

Photo of Derek Hahn Derek Hahn

Derek Hahn is a partner in Crowell & Moring’s White Collar & Regulatory Enforcement Group and a member of the firm’s Investigation Practice. Derek’s practice focuses on white collar defense, internal investigations, complex litigation, and compliance counseling.  He represents clients in an array…

Derek Hahn is a partner in Crowell & Moring’s White Collar & Regulatory Enforcement Group and a member of the firm’s Investigation Practice. Derek’s practice focuses on white collar defense, internal investigations, complex litigation, and compliance counseling.  He represents clients in an array of government investigations and enforcement actions alleging financial fraud, public corruption, conflicts of interest, counterfeiting, procurement integrity, and health care fraud. Derek has also defended clients in several multi-million dollar environmental enforcement matters at both the federal and state level.

Derek has extensive experience managing matters involving the Foreign Corrupt Practices Act (FCPA) having counseled clients in multiple industries on FCPA matters across six continents. His FCPA experience includes government and internal investigations, third-party due diligence reviews, compliance program and training development, and anti-corruption risk assessments. He has defended multiple FCPA investigations brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).