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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. This second article in a series examining developments in 2024 discusses how the new programs are doing and what to expect from them going forward. We incorporate insights shared with the Anti-Corruption Report by defense counsel from multiple firms, as well as those expressed by government enforcers at the American Conference Institute’s International Conference on the FCPA held in December 2024. 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).

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, coupled with the rapid technological development in India, presents a unique challenge for anti-bribery, anti-corruption and anti-money laundering (AML) enforcement, it also introduces an opportunity to develop more robust frameworks to ensure sector integrity. The first article in this two-part guest series by Khushaal Ved, Sophia Kinally, Nicole Lim and Paris Buti of Hogan Lovells focused on explaining the bribery and corruption risks in the sports, media and entertainment industries. 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).

BIT Mining’s Inability to Pay Nets a $10M Settlement Over Allegations of Bribery in Japan

In late 2024, BIT Mining, Ltd. (BIT Mining) settled bribery allegations with the DOJ and the SEC reflecting the U.S. government’s willingness to pursue even financially challenged companies engaging in misconduct in foreign countries. Formerly a Shenzhen, China-based company known as 500.com, BIT Mining was accused of paying bribes to government officials in an effort to obtain a contract to develop a casino in Japan, a generally low-risk jurisdiction. This article unpacks the details of the deal and its implications for the compliance community at large. See “Whistleblower Protection and Compliance: A Comparative Study of the United States and Japan” (Jul. 31, 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. 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. See “Crafting Effective Mobile Device Policies to Satisfy Regulatory Expectations” (May 8, 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).

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).

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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.