Strategies for Negotiating FCPA Settlements: An Interview with Neil MacBride, Davis Polk Partner and Former U.S. Attorney

Demonstrating to the SEC and/or the DOJ that a company is committed to compliance and that it has addressed whatever program deficiencies led to the violation is critical in FCPA settlement negotiations.  A failure to convince the government that it is trustworthy can result in, among other things, larger fines, the appointment of an expensive corporate monitor and a larger disgorgement figure.  In an interview with the Anti-Corruption Report, Neil MacBride, a partner at Davis Polk and former U.S. Attorney for the Eastern District of Virginia, shared his strategies for negotiating effectively with the government.  Drawing from his extensive experience, both as a prosecutor and a defense attorney, MacBride discussed the mechanics of meeting with the government, the self-reporting calculus, international double jeopardy and more.  See our previous interview in this series, “Strategies for Negotiating FCPA Settlements: An Interview with Laurence Urgenson, Mayer Brown Partner and Former DOJ Official” (Jul. 9, 2014).

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