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    Jan. 15, 2025

2024 in Review: Policy Changes Seek to Shift the Self-Reporting Calculus

With the introduction of several DOJ programs aimed at providing rewards to those who bring information to prosecutors, 2024 was a strong year for whistleblowers. At the American Conference Institute’s International Conference on the FCPA (ACI Conference) held in December 2024, enforcers discussed how the new programs are doing and what to expect from them going forward. In this second article analyzing what was said by government enforcers at the ACI Conference, the Anti-Corruption Report spoke with defense counsel to understand what these policy changes mean for companies. The first article looked at the role international cooperation continues to play in FCPA enforcement. See “The Price Is Right? How DOJ’s New Whistleblower and NPA Policies Could Bring Unexpected Costs” (Jun. 19, 2024).

A Quick Look at 2024 Anti-Corruption Enforcement Developments

As we enter 2025 on the precipice of a new presidential administration, it seems clear that change is on the horizon, but, in the realm of anti-corruption enforcement, the past year already saw significant change. The biggest updates related to rewarding those with information about crimes for coming forward, in the form of both a new DOJ whistleblower award pilot program and several programs to encourage voluntary self-disclosure by culpable individuals. There were also developments related to the Foreign Extortion Prevention Act, which already received a makeover less than a year after being signed into law, and revisions to the DOJ’s Evaluation of Corporate Compliance Programs and its Corporate Enforcement Policy. This compilation is intended to serve as a quick reference guide to some of the key developments from 2024. See “2024 in Review: International Cooperation Continues to Drive ABAC Enforcement” (Dec. 18, 2024).

Fielding for Five Rings: Mitigating ABAC Risk in India’s Sports, Media and Entertainment Sectors

In India, the sports, media and entertainment sectors are booming from the cricket pitch to Bollywood. While the convergence of these industries and rapid technological development in India presents a unique challenge for anti-bribery, anti-corruption and anti-money laundering (AML) enforcement, it also presents an opportunity to develop more robust frameworks to ensure the integrity of these rapidly expanding sectors. The first article in this two-part series by Khushaal Ved, Sophia Kinally, Nicole Lim and Paris Buti of Hogan Lovells focused on explaining the risks. In this second article, they highlight some possible measures the Indian government may implement, set out the steps businesses can take to adapt to these changes and offer suggestions on how companies can strengthen their compliance programs to mitigate risk more generally. See “The NFRA Circular and Auditors’ Duty to Report Fraud in India” (Aug. 14, 2024).

Compliance Practices to Overcome Recordkeeping Challenges Caused by Emojis and Video Communications

Amidst an unprecedented flurry of enforcement actions and fines levied by the SEC for off-channel communication violations, some investment advisers have raised concerns that emojis and video conferencing platforms will be the next frontier for regulatory scrutiny. Unfortunately, the current suite of technology solutions for monitoring, capturing, and retaining emojis and video communications remains imperfect. There are, however, reasons for optimism, both in terms of approaches compliance professionals can take to mitigate those potential risks and the forecast for how regulators might treat those communication mediums going forward. This second article in a two-part series identifies challenges that emojis and video communications present for advisers attempting to record, retain and monitor those forms of technology, and suggests how advisers can bolster their corresponding compliance efforts. The first article offered an overview of the SEC’s ongoing scrutiny of off-channel communications to date, and contemplated why emojis and video communications may be areas targeted by the Commission and other regulators in the future based on recent comments and legal developments. See “Crafting Effective Mobile Device Policies to Satisfy Regulatory Expectations” (May 8, 2024).

Morgan Lewis Welcomes Former Prosecutor As Compliance Partner in Philadelphia

Morgan Lewis has announced that Jacob Sand will be joining the firm as a partner in its Philadelphia office later this month. He joins with fellow litigator Ashley Lynam, both arriving from Montgomery McCracken. For insights from Morgan Lewis, see “How Energy Companies Can Manage Heightened Anti-Corruption Risk” (Oct. 23, 2024).

Most-Read Articles

Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.

Ion Analytics' Spotlight on Trailblazing Women

In honor of International Women’s Day, some of ION Analytics' editorial teams led by women interviewed notable women in the markets and industries we cover. This part highlights notable women in compliance and hedge fund, data privacy and cybersecurity, and anti-corruption law, including Amii Barnard-Bahn, Abigail Bell, Genna Garver, Jane Horvath, Barbara Li, Amy Mushahwar, Mara Senn and Carol Widger. The interviews are here.

Data, Culture, ESG and Scope Creep with GM's Michael Ortwein

The Anti-Corruption Report spoke with chief compliance officer and assistant general counsel at General Motors, Michael Ortwein, who shared his insights on top-of-mind issues in advance of his participation in ACI's FCPA Conference. 

The full video is here. The associated article is here.

Corporate Compliance and Enforcement Hot Topics With IBM VP Una Dean

The Anti-Corruption Report spoke with IBM's vice president and assistant general counsel of investigations Una Dean, who co-chaired ACI's FCPA conference, about a range of hot compliance topics. 

The video is here

Quick Take on FARA

https://acuris.wistia.com/medias/wmb5vyeq2f

The Anti-Corruption Report discusses the Foreign Agents Registration Act (FARA) in this short video. For our three-part guide to FARA and the new risk environment, see here.

ACR Editor Discusses Using Artificial Intelligence to Support Anti-Corruption Compliance

Senior Editor Megan Zwiebel recently appeared on a podcast with Perkins Coie White Collar & Investigations partners Gina LaMonica and Caryn Trombino, who discussed the use of AI in compliance programs, including trends in AI-based compliance, steps companies can take to utilize AI in their compliance programs, and how regulators view the use of data and AI in compliance programs. Listen to the podcast here.

ACR Q3 Editorial Update

Listen to our Fall Editorial Update for a discussion of recent enforcement actions; enforcement trends and policies; and top-of-mind issues, such as internal investigations and hotlines, all in under 15 minutes. Register here.

ACR and CSLR Spring Update 2020

​​​​The Senior Editors of the Anti-Corruption Report and the Cybersecurity Law Report recently teamed up to present an update on the trends and hot topics in the anti-corruption, cybersecurity and data privacy spaces since the beginning of the year and what the publications will be focusing on in the coming months. A complimentary download of the webinar is available here.

Upcoming Webinar to Explore Best Practices for AML Compliance by Private Fund Managers

Please join our sister product, the Hedge Fund Law Report, on Thursday, May 30, 2019, at 11:00 a.m. EDT, for a complimentary webinar discussing the key components of a robust anti-money laundering program. To register for the webinar, click here.

ACR Webinar: The Art and Science of Transaction Monitoring: A Google Perspective

Transaction monitoring can help a company identify problem areas and assess how well its compliance program is working. Please join the Anti-Corruption Report for a complimentary webinar on May 2, 2019, from 1 p.m. to 2 p.m. EDT, where Senior Editor Megan Zwiebel will interview Google global ethics & compliance senior counsel Therese Lee and forensic program manager Aditya Yerramilli about how Google handles the art and science of transaction monitoring. Registration information is here.

ACR Webinar: Mitigating Risk in Argentina After the Notebooks Scandal

Doing business in a country that is embroiled in a mega-scandal can be treacherous. This is particularly true when the local business community is slow to get on the compliance bandwagon, as has been the case in Argentina while the Notebooks Scandal has been unfolding. Please join the Anti-Corruption Report on April 17, 2019, from 1:00 p.m. to 2:00 p.m. EDT for a complimentary webinar in which Editor-in-Chief Nicole Di Schino will discuss how to mitigate risk in light of the developing scandal with Argentinian attorney Guillermo Jorge, a partner at Bruchou, Fernandez Madero & Lombardi, and Barrick Gold’s Jonathan Drimmer. To register, please click here.