A lively panel discussion Wednesday on the Foreign Corrupt Practices Act, which included former Attorney General Michael Mukasey, offered insights into an anticipated FCPA guidance from the Department of Justice.
The panelists at the Dow Jones Global Compliance Symposium agreed that while it's hard to predict what the DOJ will recommend, there was a general consensus that much of the pressure for the clarification was coming from outside the United States.
Butler University business law professor Mike Koehler said that the Justice Department should take it further and aggregate the guidance into a single document that could clarify FCPA enforcement. The other panelist was Paul, Weiss, Rifkind, Wharton & Garrison partner Mark Mendelsohn.
"I'm hoping that it is going to be far more specific than what it is now," Mukasey said. He said that while he doesn't know what reforms are going to be made, one resolution should be the clarification of compliance defenses for companies. A rogue employee should not be used against an entire company with a robust internal compliance program. He said that this would likely result in a tightening of standards.