ACI’s 41st International Conference Highlights Corporate Success in FCPA Reports

The annual International Conference on the Foreign Corrupt Practices Act (FCPA) by the American Conference Institute (ACI) held in Washington, D.C. on December 4 and 5 was a huge success. This year marked the 41st edition of the conference, bringing together speakers from various key entities like the U.S Department of Justice (DOJ), in-house counsel, defense attorneys, and federal agencies like the Commodity Future Trading Commission (CFTC), the Securities and Exchange Commission (SEC), and the Federal Bureau of Investigation (FBI) for a comprehensive two-day discussion.

The conference provided a platform to reflect on the FCPA/FEPA enforcement landscape in 2024, post several policy changes. Participants were briefed on the new Foreign Extortion Prevention Act (FEPA), pilot programs including the recently launched DOJ Whistleblower Program, and updated policies such as modifications to the DOJ’s Evaluation of Corporate Compliance Programs (ECCP). The event also delved into innovative AI data analytics applications in investigations and enforcement strategies. An emphasis on the importance of international collaboration in FCPA enforcement was a recurring theme, leading to record levels of cross-border cooperation this year among regulatory bodies.

Whistleblowers’ role in identifying FCPA violations received significant attention throughout the conference, stressing the need for internal reporting and fostering good corporate citizenship. Despite initial criticism of the DOJ’s new pilot Whistleblower Program for lacking best-practice recommendations, early indications of its effectiveness were highlighted during the sessions. Glenn Leon, Chief of the Fraud Section at the Department of Justice, revealed that since the program’s launch in August 2024, they received 250 unique tips leading to 60 active investigations.

DOJ representatives reassured corporate compliance professionals of their commitment to enhancing Corporate Enforcement Policies (CPE). New policies introduced include a 120-day grace period for corporate self-reporting post external whistleblower disclosures and more flexibility in Non-Prosecution Agreements (NPAs), Deferred Prosecution Agreements (DPAs), and resolutions to accommodate responses to whistleblower disclosures and FCPA investigations. The Department aims to foster a cooperative relationship with corporations through these policies.

The conference revealed divergent views between corporate compliance professionals and the broader whistleblower community on whistleblowing practices. While emphasizing the importance of good corporate citizenship, the DOJ made it clear that they are not solely relying on self-reporting by companies.

Overall, the 41st Annual FCPA Conference offered a positive outlook on the future of FCPA/FEPA enforcement, projecting continued growth in investigations and enforcement activities. By targeting key players in the industry and emphasizing collaboration with corporations, federal agencies hope to see continued success in enforcing regulations.