DOJ’s Evolving Guidelines: Implications from Liberty Mutual’s FCPA Case

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox welcomes back Jeremy Paner and Diego Durán de la Vega to discuss recent FinCEN enforcement actions targeting three Mexican financial institutions. The conversation explores the implications of these actions under the Fend Off Fentanyl Act, the evolving regulatory landscape, and the existential risks facing financial institutions operating in Mexico. The guests provide practical compliance guidance, lessons learned, and a forward-looking perspective on U.S. enforcement trends. Highlights include: Why These Enforcement Actions Matter The Fend Off Fentanyl Act: A New Legal Tool U.S. Government Focus on Mexico Lessons from OFAC Enforcement Compliance Implications for Financial Institutions Responding to Enforcement: Practical Steps Global Jurisdiction and the U.S. Financial System Key Lessons for Compliance Officers Looking Ahead: Future Enforcement Trends Key Takeaways for Compliance Professionals: The Fend Off Fentanyl Act introduces new, immediate risks for financial institutions, especially those with ties to Mexico. U.S. enforcement actions can have global reach, severing access to the U.S. financial system. Compliance programs must be robust, proactive, and responsive to regulatory advisories and negative media. Effective communication between compliance and legal functions is crucial for mitigating risk. Resources: Hughes Hubbard & Reed website Jeremy Paner Diego Durán de la Vega

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox welcomes back Mike DeBernardis to discuss the recently released first Foreign Corrupt Practices Act (FCPA) enforcement action, a Declination involving Liberty Mutual Insurance Company. Mike DeBernardis, partner at Hughes Hubbard & Reed, and Tom delve into the first FCPA enforcement action of 2025 involving Liberty Mutual. They discuss the nuances of self-disclosure during ongoing investigations, the challenges facing defense attorneys, and the expectations set by the new corporate enforcement policy. Key topics include proactive cooperation, dealing with deconfliction, and the importance of root cause analysis. The conversation provides valuable insights into how the Department of Justice communicates its expectations through enforcement actions and the evolving landscape of corporate compliance. Key highlights: Exploring the Liberty Mutual Case Challenges of Early Self-Disclosure Corporate Enforcement Policy Changes Full and Proactive Cooperation De-confliction in DOJ Investigations Root Cause Analysis Importance Social Media and Ephemeral Messaging  Resources: Hughes Hubbard & Reed website Mike DeBernardis

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR partner Mike Huneke and BRG Director Brent Carlson to discuss secondary tariffs. Mike Huneke and Brent Carlson are leading experts in trade compliance, with a particular focus on the intricacies and impacts of tariffs and secondary tariffs within the global economic landscape. Huneke emphasizes the existential threats tariffs pose to businesses, stressing the importance of understanding their effects on countries with significant economic ties to Russia, such as China, and advising companies to reassess trade relationships with nations like China, Brazil, Russia, and Iran. Carlson emphasizes the need for trade compliance officers to adapt to the rapidly evolving geopolitical landscape, advising companies to assess their suppliers and consider potential indirect transactions through transshipment countries to navigate imposed tariffs effectively. Both experts emphasize the importance of businesses adopting a dynamic, risk-based approach to compliance, anticipating challenges, and making informed decisions to mitigate financial impacts and maintain shareholder value amid shifting trade patterns and geopolitical tensions. Key highlights: Geopolitical Impact of Secondary Tariffs Global Trade Dynamics Amid Geopolitical Shifts Trade Compliance Risks: False Claims & Tariff Evasion Resilient Supply Chain Strategy Amid Global Trade Dynamics Negotiating Tactics in Geopolitical Tariff Strategy Resources: Mike Huneke Hughes Hubbard & Reed Website Brent Carlson BRG Website

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by Daniel Weiner to discuss a complex legal case involving a valuable Picasso painting. Weiner is the Chair of Hughes Hubbard & Reed’s Litigation Department, Chair of the Complex Business Disputes practice, and a partner in the International & Domestic Arbitration and Intellectual Property Disputes groups. Daniel and Tom take a deep dive into the intricate details of how a series of fraudulent transactions led to a multimillion-dollar dispute over Picasso’s ‘Le Peintre.‘ The podcast highlights the importance of thorough due diligence in the art world and examines the legal complexities involved in resolving such cases. As they unravel the story, they highlight the crucial role of investigations in preventing art fraud and safeguarding ownership rights. Key highlights: The Fascinating Picasso Case The Fraud Unveiled Legal Issues and Investigations Discovery Disputes and Court Proceedings Consulting and Due Diligence in Art Law Resources: Daniel Weiner Hughes Hubbard & Reed website HHR Client Alert: Firm Obtains Discovery Win in Dispute Over Sale of Pablo Picasso Painting

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this episode of ‘All Things Investigations,’ host Tom Fox is joined by Mike DeBernardis to discuss the recent guidelines released by Deputy Attorney General Todd Blanche on the enforcement of the Foreign Corrupt Practices Act (FCPA). They dissect the new memorandum, its implications for corporate investigations, and the focus on eliminating cartels and transnational criminal organizations. The conversation also delves into topics such as competitive advantage, the role of national security in FCPA enforcement, and the strategic implications for companies. The episode concludes with insights on how companies and their legal counsel should navigate these updated guidelines and prepare for a more expedited and focused investigation process. Key highlights: Overview of New FCPA Guidelines Focus on Competitive Advantage Prosecutorial Considerations National Security and Strategic Business Prioritizing Serious Misconduct Advising Clients on FCPA Compliance Resources: Mike DeBernardis Hughes Hubbard & Reed website HHR Client Alert: DOJ Ends FCPA Enforcement Pause

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR lawyers Mike DeBernardis and Katherine Taylor about the recent speech by Matthew R. Galeotti, Head of the Criminal Division at the U.S. Department of Justice (DOJ);  his attendant Memo entitled Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime; and the updates to the Corporate Enforcement and Voluntary Self-Disclosure Policy; and finally the new Memo on Monitors and Monitorships. Key highlights: Is meaningful cooperation credit finally here? Did we move from a presumption of a declination to something stronger or at least more tangible? Is the Kenneth Polite “double secret—we know it when we see it” cooperation requirement now a thing of the past, or at least defined? Enhancements to the Whistleblower Program—Initial Thoughts. Monitors—dead and gone or something else? What, if anything, does this change about the role of corporate compliance today? Resources: Mike DeBernardis Hughes Hubbard & Reed website Katherine Taylor

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR lawyers Mike DeBernardis and Sean Reilly to discuss the new HHR Task Force. In this award-winning All Things Investigations podcast episode, host Tom Fox converses with Hughes Hubbard and Reed partners Mike De Bernardis and Sean Reilly about the firm’s strategic reorganization. Responding to the U.S. administration’s fresh focus on cartels and foreign terrorist organizations, Hughes Hubbard has built a cross-disciplinary task force. This team combines expertise from compliance, sanctions, and dispute resolution practices to address companies’ heightened risks and compliance obligations, particularly in Mexico and Latin America. The discussion also covers implications for multinational corporations, the importance of reassessing risk, how the administration’s prioritization of certain enforcement actions can influence corporate strategies, and the emerging dangers surrounding tariffs and the False Claims Act. Key highlights: Hughes Hubbard’s New Task Force Implications of Cartel Designations National Security and Voluntary Disclosure Cross-Functional Task Force Benefits Tariff Evasion and False Claims Act Resources: Mike DeBernardis Hughes Hubbard & Reed website Sean Reilly

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR partner Mike DeBernardis on the considerations of trying an FCPA case. Tom and Mike deeply dive into the complexities of preparing for and trying an FCPA case. It includes negotiating with corporate and individual clients involved in criminal cases. It is often easier to convince corporate clients to cooperate with government entities and engage in negotiation processes. Conversely, individual clients, driven by strong convictions of their innocence, can be resistant unless negotiation results in a non-prosecution decision. We highlight the challenging conversations defense counsels must have with individual clients regarding realistic outcomes, including discussing the strengths of the prosecution’s case and potential plea deals. Establishing early discussions about acceptable outcomes and strategies is vital to navigating these difficult negotiations. Key highlights: Corporate vs. Individual Clients Challenges in Defense Counsel Discussing Plea Deals Importance of Early Negotiation Resources: Mike DeBernardis Hughes Hubbard & Reed Website

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by Jeremy Paner and Diego Durán de la Vega to discuss the designation of cartels and other actors in Mexico as foreign terrorist organizations and what this means for US businesses. This episode considers the significant compliance regulation changes affecting US domestic and Mexican companies. The focal point is the recent designation of cartels and their members as Foreign Terrorist Organizations (FTO) and/or Specially Designated Global Terrorists (SDGT). Unlike in the past, where counter-narcotics sanctions had a limited impact on day-to-day business operations, these new rules introduced a different risk landscape. The spotlight is not simply on the widely-publicized foreign terrorist organizations but rather on the lesser-known yet impactful, specially designated global terrorist (SDGT) actions. These SDGT designations empower the US Treasury’s terrorist finance tracking program, effectively increasing surveillance on Mexican payments, thus posing new challenges and risks for domestic companies. Key highlights: Introduction to New Rules Impacting US Companies Impact on Domestic Mexican Companies Terrorism Designations and Their Implications Treasury’s Terrorist Finance Tracking Program Resources: Jeremy Paner Diego Durán de la Vega Hughes Hubbard & Reed website Designation of Criminal Cartels as Foreign Terrorist Organizations Increases Compliance Risks for Companies (US or Not) Operating in Mexico and Greater Latin America

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR Partner Mike DeBernardis to discuss the recent executive order by the Trump administration to pause the enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days. They take a deep dive into the potential implications for compliance programs, the continuing relevance of the FCPA, and the broader legal and business effects of this temporary halt. The conversation also explores how companies might navigate this hiatus, consider the long-term implications, and maintain robust compliance standards despite the pause in enforcement. Highlights include Mike’s insights on the intersection of compliance and business efficiency and the potential for non-US authorities to fill any enforcement void created by the U.S. Department of Justice’s pause. Key highlights: Executive Order on FCPA Enforcement Implications for FCPA Compliance SEC and Business Implications Compliance Programs and Business Practices Future of FCPA Guidance Opportunities for Compliance Officers Resources: Hughes Hubbard & Reed website