2021 Year in Review: Proactive Investigations

In recent years, anti-corruption enforcers in the U.S. and abroad have put significant effort into encouraging companies to self-report misconduct and cooperate in investigations. However, the SEC and DOJ are not just relying on companies to turn themselves in. “I think it is important for people to understand that we are not just sitting there passively waiting for things to come in the door,” Charles Cain, Chief of the SEC’s FCPA Unit, said at the American Conference Institute’s 38th International Conference on the FCPA. We attended the ACI conference and reached out to members of the defense bar to see what types of investigation techniques and tools government enforcers might be using behind the scenes, and what it might mean for companies both in terms of compliance and self-reporting decisions. See “What to Expect From the Biden Administration’s New Anti-Corruption Tools” (Mar. 3, 2021).

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