Assistant Attorney General Leslie Caldwell Visits GW Law

Ms. Caldwell spoke about investigations and enforcement of international corruption and fraud by the DOJ's Criminal Division.

December 1, 2016

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On November 3, GW Law hosted the Honorable Leslie R. Caldwell, JD '82, Assistant Attorney General, Criminal Division, U.S. Department of Justice, and Karen A. Popp, Chair, White Collar Group, Sidley Austin LLP, for a discussion about the Foreign Corrupt Practices Act (FCPA). Roger Fairfax, Senior Associate Dean for Academic Affairs, introduced the event and welcomed guests, students, and members of the media. He introduced Associate Dean Susan Karamanian, Burnett Family Professorial Lecturer in International and Comparative Law and Policy, who moderated the conversation.

Ms. Caldwell highlighted the role of the Department of Justice's (DOJ) Criminal Division and the emerging issues of international corruption and white collar crime. The World Bank estimates that more than $1 trillion is paid every year in bribes, which amounts to about three percent of the world economy. In addition, foreign corruption not only affects emerging economies, but also how U.S. companies compete in a fair and transparent marketplace. The ongoing fight against international corruption is a core priority of the DOJ, and to tackle this issue, transparency is key.

According to Ms. Caldwell, transparency allows the public to understand how and why cases are resolved a specific way; transparency also informs "corporate actors and their advisors what conduct will result in what penalties," Ms. Caldwell said. As for cooperation and self-disclosure with an investigation, Ms. Caldwell says corporate actors and advisors may receive some sort of credit. From the DOJ’s perspective, being open about the expectations and consequences of corporate misconduct helps the Criminal Division promote lawful corporate behavior.

Ms. Popp responded to Ms. Caldwell's push for transparency and said, "I commend the DOJ for all the efforts being made to be more transparent because I think that is extremely important to corporations, individuals, and anyone that comes under investigation… It's extremely helpful for those out there who are attempting to have effective compliance programs and other decision-making that goes on in corporate America."

The conversation specifically addressed the DOJ's new Pilot Program, launched six months ago to motivate companies to voluntarily self-disclose FCPA-related misconduct and fully cooperate with the Fraud Section. In short, the goal is to use voluntary disclosures in order to get the information needed to prosecute culpable individuals. “Companies can't go to jail. Individuals can… and the biggest deterrent to wrongdoing is prosecuting individuals,” Ms. Caldwell said.

Throughout the discussion, Ms. Caldwell answered a variety of questions from Ms. Popp, Dean Karamanian and the audience involving concerns about the pilot program, the DOJ's work with foreign law enforcement, and the FCPA's jurisdictional reach.

Watch the entire conversation