For this reason, the Commission recommends a CCA regime that does not allow agreements involving the immunity of certain persons. The strengthening of cross-border coordination is a trend that has become more pronounced with the evolution of the enforcement regimes of other countries. In announcing Airbus` resolution, Assistant Attorney General Brian A. Benczkowski said that “the department will continue to aggressively cooperate with our partners around the world to root out corruption, especially corruption that harms U.S. interests.” [34] The DPA itself provides a remarkable blend of knowledge on state-to-state coordination. On the one hand, the DOJ based its FCPA territorial jurisdiction on allegations that Airbus employees and representatives sent emails to the United States and arranged luxury trips by foreign officials to the United States. Places. [35] On the other hand, among the relevant considerations of the agreement, the DPA explicitly recognizes the limits of U.S. jurisdiction by the DOJ: “The company is neither a U.S. issuer nor a domestic company, and territorial liability for corruption is limited; Although the interests of the United States are sufficiently important to justify a solution, the interests of France and the United Kingdom in the company`s corrupt behavior and the bases of competence to find a solution are significantly stronger, and that is why the [US Government] has allowed France and the United Kingdom to defend their respective interests as they deem appropriate. [36] It will be interesting to know whether future transnational resolutions (or even U.S.

resolutions) contain similar statements about the limits of U.S. territorial jurisdiction or its narrower interests under the FCPA. Gibson Dunn`s White Collar Defense and Investigations Practice Group successfully defends companies and senior executives in a large number of investigations and prosecutions at the federal and regional level and conducts sensitive internal investigations for large companies and their boards of directors in almost every industry. The group has members around the world and in every domestic office of the firm and relies on more than 125 lawyers with strong government experience, including more than 50 former federal prosecutors and prosecutors and public servants, many of whom have worked at a senior level at the Department of Justice and the Securities and Exchange Commission. as well as former non-Americans. Enforcer. Joe Warin, a former federal prosecutor, is co-chair of the group and served as the U.S. advisor for the compliance monitor for Siemens and the FCPA compliance monitor for Alliance One International.

Previously, he was an instructor for Statoil, pursuant to a DOJ and SEC enforcement action. He was co-author of the revolutionary law review article on NPAs and DPAs in 2007. M. Kendall Day is a partner in the group and a former economics prosecutor who spent 15 years at the Department of Justice and reached the highest career position in the DOJ`s criminal department as an assistant deputy…

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