The holiday season is past and many of us have returned
to work. However, if you are a Chief Compliance Officer (CCO) there is a gift
that you may wish to give yourself, it is " T he
Whistleblower's Handbook - A Step-by-Step Guide to Doing...
For those of you looking ahead to 2014, one date you will want to note on your calendar is January 29, 2014. That is the effective date of the Brazilian Clean Companies Act , a new anti-bribery statute that signals Brazil’s intention to crack down...
As December is a time for reflection on the past twelve
months, I have been considering the FCPA Enforcement Action year. I submit for
your consideration my Top 10 FCPA Enforcement Actions for 2011 in the Corporate
Division. Happy and Safe New Year...
Victims in federal criminal cases typically get
restitution. After an SEC case they may get payments from a fair fund. Not in
FCPA cases. In FCPA cases the billions of dollars DOJ and the SEC now collect
annually in settlements are paid to the U.S...
On April 20, 2011 the District Court released its written
decision on the defendant's Motion to Dismiss in the Lindsey Manufacturing
case. The FCPA
Professor reported on the decision last week and discussed the seemingly
unusual request made by...
The time period that an internal whistleblower must wait
before he or she can bring information to the Securities and Exchange
Commission (SEC), under the Dodd-Frank Whistleblower provision, within 120 days
after the information has been internally...
One of the areas which has received considerable
attention in the compliance world over the past six months is that of
assessment. Today, we would like to focus on a smaller facet of assessment
which we considered when reading a recent article in the...
Friday, January 27 was the 45 th anniversary of
the Apollo 1 disaster. As reported by Brian Vastag, in an article in the Washington Post entitled " 45
years after America's first space tragedy, lessons linger " , it
was a "launchpad...
Now that we have reviewed all of the public record pronouncements from the Department of Justice (DOJ) and Securities and Exchange Commission (SEC), this post will try and suggest what you might need in your Foreign Corrupt Practices Act (FCPA) compliance...
The first half of 2012 is reaching to a close and we have had several significant enforcement actions so far this year. So to commemorate all those June Bride and Bride-Grooms out there, including my parents who celebrate their 56 th wedding anniversary...
Since the FCPA only applies to foreign officials, the
definition of that term is critical to the application of the statute.
Government enforcement officials have routinely included with the definition
state owned enterprises and employees of those...
For anyone growing up in the 1960s one of the best TV cartoon shows was
Rocky and Bullwinkle. As I grew older I came to appreciate the reason for this
which was that the show was written for adults so that most of the satire was
timeless. It still...
Most Foreign Corrupt Practices Act (FCPA) Practitioners
are aware that the greater the contacts with a foreign governmental official
and the greater amount of money involved, the greater the FCPA risk for a
company if a third party is involved. This...
On this edition, Adam Greaves, partner in the London office of McGuireWoods, discusses the U.K. Bribery Act, which goes into force on July 1, 2011. Mr. Greaves explains how the Act will apply to non-U.K. companies, reviews some of the principle offenses...
I recently was asked to prepare some Foreign Corrupt
Practices Act (FCPA) training which used examples of requests for bribes to
help prepare the company's employees if they are solicited to pay a bribe. To
do so I relied on the expanded edition...
reported by the FCPA
Blog , Corruption
Currents in the Wall
Street Journal and numerous
others , on July 13, 2011, Armor Holdings Inc., entered into a
Non-Prosecution Agreement (NPA) with the Department of Justice (DOJ) to pay a
In what my colleague Howard Sklar called the "opening of
Pandora's Box" and as reported by the FCPA
Blog with what are "new issues raised in a FCPA case", Costa Rica's
Instituto Costarricense de Electricidad (ICE), filed...
Excerpted from Infobytes , a weekly electronic
newsletter on developments in financial services law from BuckleySandler LLP .
For the full issue of Infobytes , click here .
On March 30, the U.K.
Ministry of Justice published long-awaited Guidance...
In an article published in the June issue of ACC Docket,
entitled " Playing the Cards You're Dealt ", James Nortz raised the
interesting issue of the lack of company leadership to "create an ethical
vision, the moral courage to pursue...
As compliance programs mature, it is becoming increasing
clear that one size does not fit all. Moreover, there may be several different
approaches to creating the most effective compliance program for your
organization. This past week I attended the...
Dick Cassin, writing in his FCPA Blog , has
consistently raised the issue of Anti-Money Laundering (AML) in the wider
battle against bribery and corruption. He set out some of his thoughts in a
post entitled " 9/11 and the
FCPA ". He also...
This article was reprinted with permission from FCPA Professor
Interesting, hardly a smoking gun, law enforcement ought not be a competition, quotable, and for the reading stack. It’s all here in the Friday roundup.
One of the factors to determine just who is a foreign
governmental official under the Foreign Corrupt Practices Act (FCPA), is
whether a foreign government is involved. There are currently a triumvirate of
pending cases where the defendants have challenged...
It has been quite a week in the white collar criminal
defense world. It began with the convictions, on all counts, of all defendants
in the Lindsey Manufacturing case involving the Foreign Corrupt Practices Act
(FCPA) and yesterday with the conviction...
As many compliance practitioners are aware, the FCPA Professor (in real life, Professor and Ironman Triathlete Mike Koehler) writes a daily blog on all things relating to the Foreign Corrupt Practice Act (FCPA) from the legal perspective. It is a great...