Paul Calli Quoted by Policy and Regulatory Report in Article on the Yates Memorandum and Foreign Corrupt Practices Act
Paul Calli was quoted by Policy and Regulatory Report (PaRR) in an article on criticisms of the Department of Justice’s recent Foreign Corrupt Practices Act “guidance” – the Yates Memorandum. In short, the Yates Memorandum urges companies to self-report FCPA violations, but gives little meaningful guidance. It is an attempt to “deputize” companies into making the government’s cases for them, but offers the self-reporting companies no meaningful specifics about the beneficial treatment that the government says will result, a fact which we have previously criticized in a guest blog at FCPA Professor.
The recent PaRR article discusses recent criticisms of the Yates Memorandum in a report by the U.S. Chamber’s Institute for Legal Reform. The U.S. Chamber’s report is titled, quite appropriately, “Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States.” PaRR writes:
Paul Calli of Calli Law, which represents white-collar criminal defendants, said he applauds “the position and candor of the US Chamber.” He said that many large, publicly traded American companies feel the same way, adding that the DoJ’s habit of intimidation “has resulted in widening the gap with US businesses, who are reluctant to speak out or be heard.”
It is also important to remember why the DOJ has been so ardent to encourage companies to cooperate in FCPA investigations – cooperation is a cash cow for DOJ and its record when held to its burden at trial is abysmal.