Step 2 – Extraordinary Cooperation

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline 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 DOJ requirement of extraordinary cooperation. This episode highlights the definitions of full cooperation and extraordinary cooperation from a law enforcement perspective, emphasizing the advice from Kenneth Polite and Deputy Attorney General Lisa Monaco on acting ‘swiftly and without delay.’ They explore strategies for accelerating investigations without compromising quality, including leveraging technology, ensuring a well-defined process, and engaging the right people. They emphasize the DOJ’s demand for immediacy, consistency, and impact in investigations, linking efficient, real-time processes with the broader goal of compliance and remediation. The discussion also touches on managing messaging apps and the significance of preparation and proactive processes to meet the Department of Justice’s expectations effectively. Key Highlights and Issues: Defining Extraordinary Cooperation and Its Challenges The Importance of Real-Time Systems in Investigations Strategies for Efficient and Effective Investigations Leveraging Technology, Process, and People for Speed The DOJ’s Expectations: Immediacy, Consistency, and Impact The Process Nature of Compliance and Investigation  Resources: Nick Gallo on LinkedIn Ethico The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action Tom Instagram Facebook YouTube Twitter LinkedIn