I am often asked the question by representatives of
retailing companies of whether the Foreign Corrupt Practices Act (FCPA) applies
to their businesses. While I have always answered in the affirmative, this
question was succinctly answered this week...
I write regularly about compliance convergence. One of
the areas which converge with anti-corruption compliance is export control.
Within the area of export control, a sub-area which is little discussed and
less understood, is the area of deemed exports...
In an article in the December edition of the ACC Docket,
entitled " Disciplined and Practical Risk Management ", Jim Jackson,
General Counsel of Medair, discussed risk management in the non-profit arena,
focusing on his experiences on this...
The first section-about half the show-we spend on the Lindsey case. I end up on a bit of a rant.
We have a breakout session on the Compliance Defense with none other than the esteemed FCPA Professor, Mike Koehler. Agree with him or no, there's no...
I am often asked where I come up with my ideas for blog
postings. I respond that there are innumerable sources and resources in the
compliance arena, in some ways perhaps too many. Today I will attempt to
integrate three of these resources into one...
In an extraordinary ruling, Judge Howard Matz concluded
that "the Court throws out the convictions of Defendants Lindsey Manufacturing
Company, Keith E. Lindsey and Steve K. Lee and dismissed the First Superseding
Indictment." This ruling...
An article in the September, 2011 issue of Compliance Week , entitled, " How
Tyco Turned Around Third-Party Risk Program " by author Karen Kroll,
reported on the program initiated and developed by Tyco International, assisted
For some reason-I think I've sussed it out, so it
shouldn't recur next week-the "Howard Sklar" and "Tom Fox" titles at the bottom
of the screen which normally appear when I say our names and where we write,
an article in the Tuesday Wall
Street Journal (WSJ), entitled " More
foreign banks probed for sanctions violations ", Brett Wolf reported
that the New York County District Attorney's Office will shortly announce
I recently saw the latest installment of the Fast and
Furious franchise, entitled "Fast Five". In this installment, Vin Diesel as
Dominic Toretto and Paul Walker as Brian O'Conner led a team which steals over
$100 million from a Brazilian...
of the use of DPAs in the UK (18 minutes): starts at 1:25
United Steelworkers, and paying for police protection (10 minutes): starts
(6 minutes): starts at 29:26
Last week Transparency International (TI) released its
Bribe Payors Index 2011 (Index). It represents the fifth such report issued by
TI, the most recent previously released in 2008. In the introduction, TI says
that the Index "ranks 28 of the...
Most people think that England went to war against France
in the War of the Spanish Succession to prevent French King Louis XIV's attempt
to place his son on the Spanish throne after the death of the final Spanish
Habsburg, Carlos II. Clearly the...
Who was Jeannette Rankin and why do we celebrate her
today in the context of ethics and compliance? She was the first female to be
elected to Congress, as a Representative from Montana in the 1916 elections. In
1917 she was one of 50 votes opposing...
Most readers of this blog will be familiar with the Lindsey
Manufacturing and Esquenazi Rodriguez prosecutions earlier this
year. Both sets of individual defendants in these cases were convicted of violating
the Foreign Corrupt Practices Act (FCPA). These...
Once again, Tom and I keep our breakout session short
(exactly 10 minutes!), and this week it's on audit rights. We've argued
about this before, so this is familiar territory for us.
Sentence (14 minutes): starts at...
In Casablanca ,
one of my favorites movies of all-time is the great line of Claude Rains as
Captain Renault, when he announces " Major Strasser has been shot, round up
the usual suspects ." I was reminded of this when I recently
read a paper...
There are times when facts which arise out of
non-compliance matters can make excellent learning points for the compliance
practitioner. The Olympus matter has become such a staple of teaching
opportunities. It initially appeared that the primary lessons...
The United Steelworkers sent a request to
investigate to the U.S. Justice Department. The union believes
Freeport-McMoRan has violated the Foreign Corrupt Practices Act by engaging the
bribery of security forces in Indonesia. The Jakarta
I often write about what I call the McNulty Maxims of
Compliance. I heard them in a presentation by Paul McNulty to the Houston
Chapter of the Texas General Counsel Association in my most recent corporate
position. They were (1) What did you do to...
In an article in the most recent issue of the Houston
Business Journal, entitled " Putting a partner through too many changes
increases risk ", columnist Connie Barnaba discusses one of the risks often
overlooked in a mergers and acquisitions...
Tom and I are always looking for ways to improve the
show. One comment that we've gotten is that the length of the show makes
it hard for some people to watch. We've also gotten comments, however,
that the show length is right on because it gives...
The debate now ongoing in the UK about whether Deferred
Prosecution Agreements (DPA) should be a tool available to prosecutors in the
Serious Fraud Office (SFO) and Crown Prosecutors is an important issue that
should be well reasoned and thoroughly...
Two articles this week spoke about the continuing
struggle companies have with the issue of agents and other third party
representatives and the potential liability under the Foreign Corrupt Practices
Act (FCPA). In an article in the Wall Street Journal...
An article in the most recent issue of the ABA Business
Torts Litigation Section Newsletter, entitled " Use of the
FCPA in State-Law Unfair Competition Cases ", Edward Little, Jr.
explores the question of whether the Foreign Corrupt Practices...