Join Tom Fox as he welcomes back MoFo partner James M. Koukios to discuss the themes and strategies observed in recent FCPA trials and the DOJ’s prosecutorial approach. They explore the importance of making juries care about corruption cases, the themes of abuse of power and financial motive, and the significance of concealment in establishing guilt. The conversation also touches on the future of FCPA trials and the DOJ’s commitment to prosecuting individuals involved in corporate misconduct. And of course, Go Blue!

Key highlights:


Making juries care about the impact of corruption is crucial.

Abuse of power is a central theme in corruption cases.

Concealment of actions indicates consciousness of guilt.

Compliance programs must emphasize transparency and documentation.

Jurors expect good governance and are sensitive to abuse of power.

Financial incentives in corporations should align with compliance.

Prosecuting individuals remains a priority for the DOJ.


Resources:

Morrison Foerster

James Koukios

Expect DOJ To Repeat 4 Themes From 2024’s FCPA Trials

Tom Fox

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For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.
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