December 23, 2022

Martin Weinstein, Chair of the Firm’s Compliance, Investigations & Enforcement (CIE) Practice Group, and Rita Mitchell, a partner in Willkie’s CIE and White Collar Defence Practices, were recently featured in an Anti-Corruption Report year-in-review article examining the year in enforcement and what is ahead for corporate FCPA enforcement in 2023.


The article covered ACI’s recent annual FCPA conference, The 39th International Conference on the Foreign Corrupt Practices Act, held November 29 – December 1, and examined key trends and topics addressed by Martin, Rita and other conference speakers, including a potential uptick in enforcement, whistleblower awards, DOJ staffing and CCO certifications, among other topics.


In addressing the rising increase in FCPA enforcement, Martin noted that now that people can travel and investigate personally, post-COVID, investigations are intensifying. This is coupled with a potential increase in misconduct while people were remote and supervision may not have been as robust, he said.


Regarding whistleblower awards, Rita noted that mercenary whistleblowers are now looking to profit from bribery. “A number of clients are coming to me after whistleblowers threaten them. This is also happening in the M&A context. Companies announcing deals in the press are getting being contacted by prospective whistleblowers about their new potential acquisitions, with threats or warnings that the whistleblower may go to the SEC.”


Another key issue discussed at the conference and in the article was concern about the new regulatory push for CCO certifications of compliance resolutions after settlement. In stressing the significant impact of this new rule, Martin noted, “Compliance certifications matter – even if you are not under investigation, you have to be thinking about whether you would sign this certification today.”

On November 30 at the conference, Martin moderated a Special Interview with Glenn Leon, Chief, Fraud Section at the US Department of Justice, at ACI’s 39th International Conference on the Foreign Corrupt Practices Act, a flagship event for the global anti-corruption community.

Also on November 30, Rita was a panelist in the breakout session, “Revisiting Your Self-Disclosure Calculus: New Considerations Amid the Enhancement of Prerequisites to Obtain Cooperation Credit and the Broadened Scope of Prior Misconduct.”

The Anti-Corruption article, 2022 FCPA Year in Review: Clawbacks, Messaging Apps and More Enforcement to Come, can be found here. (subscription required)