How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo lay out the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today, we discuss the importance of using clawbacks and holdbacks.
In episode six of the FCPA Survival Guide, Tom Fox and Nick Gallo delve into the relatively new DOJ enforcement strategies: clawbacks and holdbacks. They discuss how these financial disincentives, formalized in the 2023 Monaco memo, aim to promote corporate compliance. The conversation highlights practical examples from companies like SAP and Albemarle, which implemented these strategies and received substantial credits from the DOJ. Nick emphasizes the importance and effectiveness of financial disincentives in driving behavior change and maintaining corporate integrity. The episode explores how these methods can operationalize compliance at all organizational levels.
Key Highlights and Issues

Understanding Holdbacks and Clawbacks

DOJ’s Pilot Program and Case Studies

The Impact of Financial Incentives

Corporate Responsibility and Individual Accountability

Employee Awareness and Compliance Culture

Balancing Positive and Negative Incentives

Resources:
Nick Gallo on LinkedIn
Ethico
The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action
Tom
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