Kathleen McArthur and Aisling O'Shea Publish Article in Anti-Corruption Report

May 6, 2019

S&C litigation partners Kathleen McArthur and Aisling O’Shea explored the implications of the CFTC’s recent Enforcement Advisory, signaling the agency’s intention to become involved in investigations relating to foreign corrupt practices, in an article titled “Practical Implications of the CFTC’s Enforcement Advisory on Foreign Corrupt Practices,” published in the May 1, 2019 edition of the Anti-Corruption Report. Kathleen and Aisling addressed the CFTC’s decision to apply a presumption in favor of resolutions with no civil monetary penalty for certain companies and individuals who voluntarily disclose to the CFTC’s Division of Enforcement violations of the Commodity Exchange Act involving foreign corrupt practices. They further reflected on what the Advisory says about the CFTC’s enforcement agenda and how it will affect investigations brought under the Foreign Corrupt Practices Act, the enforcement of which falls under the authority of the DOJ and SEC.
For more on this topic, listen to the April 18, 2019 edition of S&C Critical Insights, in which Katy and Aisling discuss what the CFTC’s shift means for corporations.