The Department of Justice is signaling a change of pace with regards to current and future FCPA investigations, according to Trevor McFadden, the Criminal Division's acting principal deputy assistant attorney general. At a recent conference in Washington, D.C., Mr. McFadden said that prosecutors are committed to quickly wrapping up old investigations and that he would like new FCPA investigations to be measured in months, rather than years. With the average FCPA case lasting more than four years and costing millions of dollars, most general counsels and companies would consider this welcome news.
RK&O partner Audrey Ingram discussed Mr. McFadden's comments with Corporate Counsel ("DOJ Pledges to Speed Up FCPA Investigations") and expressed her reservations about the DOJ's promise for speedier processing: "I'll believe it when I see it," she said. Ms. Ingram did find Mr. McFadden's comments about leveling the playing field to be noteworthy, though. "I think he's saying there is going to be a broader interpretation of the jurisdictional reach of the FCPA," Ingram explained. "There'll be a focus on foreign companies and individuals who take advantage of the U.S. market."
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