Insights on Negotiating With the DOJ: The Filip Factors and Compliance Presentations

When negotiating a settlement with the DOJ, a company makes two big presentations to prosecutors: the Filip Factors presentation and a presentation about the company’s compliance program. The Anti-Corruption Report spoke with recent FCPA Unit alum Tarek Helou and veteran defense attorney Jeffrey Lehtman, both now partners at Wilson Sonsini, about the process of negotiating an FCPA settlement with government enforcers. In the first part of our conversation, they discussed the logistics of negotiations, the importance of building trust with the prosecutors involved and how to reach a final deal. In this second part, we take a close look at the Filip Factors presentation and the compliance presentation and how companies can use them to reach a favorable settlement. For the first part of the interview, see “Insights on Negotiating With the DOJ: How the Process Has Changed” (Jun. 24, 2020).

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