Davis Polk partners Dan Kahn and Tatiana Martins discussed the key developments and enforcement trends compliance professionals should expect in 2024 and the lessons from 2023 with Anti-Corruption Report.

Among the trends, Dan noted there may be increased data sourcing. Regulators sometimes face difficulty obtaining the data that would yield the most effective results, as this comprises in-company information such as internal payments. “What data is the FCPA unit going to look at? It sounds like they are trying to expand the data sources, and increase the resources to mine that data,” Dan said.

Tatiana also highlighted that the DOJ is signaling to prosecutors how seriously to take, and how to weigh, a variety of factors concerning a company’s cooperation in an investigation. She noted that the DOJ is “telling its prosecutors the kinds of questions they should be asking themselves when deciding how much credit to give.” She explained that these questions include, “How much evidence was brought that I couldn’t have gotten otherwise? How timely was it, such that the prosecutor was able to consider investigative steps that would have been impossible if the information had been received later?”

Coming Year’s FCPA Enforcement Developments Build on Eventful 2023,” Anti-Corruption Report (December 20, 2023)