One of the clear lessons from the FIFA corruption scandal is that when the U.S. government comes knocking, it requires a serious and thoughtful response. If the Justice Department wants information (or the Environmental Protection Agency for that matter, if you happen to be a large German automaker… ) you need to retain lawyers experienced in dealing with the U.S. government and form an appropriate response. Because U.S. regulators will not just slink off with their collective tails between their legs if you do not deign to respond because you believe they will go away. 

As reported by the Financial Times, FIFA’s response was particularly woeful and its response was led by the example of its now-suspended president, Sepp Blatter. Initially Blatter was “outraged at the timing” of the May arrests in Switzerland. Blatter led an effort to claim the U.S. had overstepped its authority in bringing criminal charges against non-U.S. citizens and against FIFA itself. Perhaps accepting that Blatter would not grasp the nuances of RICO and the effect of an allegation of a criminal enterprise under this law is understandable. Blatter’s defiance, however, as demonstrated by his unwillingness to voluntarily step aside, was not an acceptable response.

Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in...