Menu12/1/16: A post by Daniel Patrick Wendt of the law firm Miller & Chevalier takes a look at an enforcement option typically used by the Securities and Exchange Commission (SEC) to settle FCPA cases. Wendt explains that the Department of Justice, which has the option of using disgorgement to settle civil FCPA cases, hasn’t used it for more than 15 years. That may have changed with two recent cases that “... have been referred to as "declinations with disgorgement." But, asks Wendt, did DOJ actually use disgorgement in the settlements? It’s a question that may become increasingly important to companies as they consider the trends DOJ under its Pilot Program.
