Anti-corruption officials have been emphasizing their use of traditional law enforcement methods – wiretaps, undercover agents, confidential informants – to pursue FCPA matters. Individuals questioned by the government about participation in a bribery scheme should think about cooperation while companies must be aware that some employees may be cooperators. The recent Yates memo also may mean that companies will be more actively providing information about individuals to the government. In another installment of our candid conversation
with parties who sat on all sides of the table during an FCPA case, we explore the government’s investigation process, from the company’s initial self-report through the settlement, through the prism of that case and the larger enforcement trends. Then-head prosecutor, Billy Jacobson, now a partner at Orrick; the defendant, Richard Bistrong, who now operates anti-corruption consulting company Front-Line Anti-Bribery; and Bistrong’s attorney Brady Toensing, a partner at diGenova & Toensing, share their insights. See “How Will the Yates Memo Change DOJ Enforcement? (Part One of Two)
” (Sep. 23, 2015); Part Two
(Oct. 7, 2015).