by Jeff Simser
Money laundering has generally
been defined as a process under which "dirty money" produced by
criminal activity is turned into "clean money" and moved into the
economy in places less likely to attract the attention...
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...
After all the due diligence on the sales agents and
representatives has been completed and they are ready to help you land that large
international contract, what is the role of compliance? I would argue that
compliance has as central a role to play...
WASHINGTON, D.C. - (Mealey's) Medical device maker Smith &
Nephew PLC and its American subsidiary will pay $22.2 million to settle federal
criminal and civil complaints that it bribed Greek government doctors to use
the company's products...
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...
As reported in this morning's Wall
Street Journa l (WSJ), the CEO of the French car maker Renault apologized
today on national television for the wrongful termination of three company
officials for improper allegations of industrial espionage....
On this edition, Carole Basri, Senior Vice President of Balient, Brown & Basri LLC and President of the Corporate Lawyering Group, LLC, the Corporate Lawyering Association and an Adjunct Professor at the University of Pennsylvania Law School, previews...
The DOJ and the SEC continue to conduct industry wide
FCPA investigations as part of the "new era" of enforcement. One such inquiry
focuses on the medical device industry. In connection with that inquiry the DOJ
and the SEC entered into settlements...
Today, June 12 is the traditional date given for Napoleon's invasion of Russia. I cannot think of a better anniversary to use to introduce the discussion of risk management. Do you think he made a risk assessment so that he could manage his risks...
In a stunning rebuke of the Department of Justice's (DOJ)
trial strategy, all defendants in the second group of Gun Sting defendants
walked out of the federal courthouse, still free. Two defendants were acquitted
and the remaining three defendants...
This article was reprinted with permission
from FCPA Professor
As highlighted below, the DOJ recently acknowledged,
despite prior definitive statements by former Assistant Attorney General Lanny
Breuer to the contrary, that "measuring the impact...
In an article in the July/August edition of the ACC Docket entitled " Rethinking the Annual Compliance and Ethics Flea Dip ", author James Nortz discusses the annual compliance and ethics training program that most US company's employees...
Lindsey Manufacturing, the first company to stand trial
on FCPA charges, was convicted on all counts by a jury in the Central District
of California yesterday. Keith Lindsey, Steve Lee and Angela Aguilar were also
convicted. Mr. Lindsey is the owner and...
I often write about what I call Paul McNulty's three
maxims of a Foreign Corrupt Practices Act (FCPA) compliance program: 1) What
did you do to prevent it?; 2) What did you do to detect it?; and 3) What did
you do to remedy it? I had generally...
In an article published in the July issue of the
Compliance Week magazine, entitled " T he
UK Bribery Act: How
to Mitigate the Risks or Prosecution for Making Facilitation Payments ", authors
Jonathan Feig and Richard Thomas discuss how...
On Sunday, I witnessed true greatness. In the final at Wimbledon, Roger Federer won his record seventh singles title, equaling Pete Sampras and William Renshaw for this number of titles. He did this while beating Andy Murray, a Scot who the entire United...
Doing something 'by the book' means more than following a
process. It means following that process during high stress times. One of the
things that I think gets missed when discussing compliance programs is the need
for rigor in the process...
What is the role of a company's Board when it comes to
Foreign Corrupt Practices Act (FCPA) compliance? The Board should not engage in
management but should engage in oversight of a Chief Executive Officer (CEO)
and senior management, which they...
In listening to companies discuss compliance in the areas of anti-corruption under the Foreign Corrupt Practices Act (FCPA), anti-money laundering (AML) or export control, one of the things that has consistently struck me is how siloed each of these groups...
Belatedly, we boldly go where no Canadian actor has ever
gone before, to celebrate yesterday's birthday of William Shatner, Captain Kirk
of the original Starship Enterprise. I thought about Captain Kirk and his
leadership of the Enterprise in the...
One of new areas of a best practices compliance
program is to engage a company's non-legal and non-compliance department
employees in a role of "Compliance Champion". Such a concept has several
different functions: it allows a small compliance...
Frederic Bourke, Jr., co-founder of accessory company
Dooney & Bourke, lost another round in his long running battle against FCPA
charges. The Second Circuit Court of Appeals affirmed the verdict of the jury,
finding him guilty of FCPA conspiracy...
Carroll Shelby died last week. For anyone who following
racing or loved the Muscle Car Era, no light shone brighter that Shelby's. In
1959 (a little before I started to follow racing) Shelby was the first Texan to
win the 24 Hours of Le Mans. Forced...
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...
One of the hallmarks of the New Era of FCPA enforcement
is the increasing use of industry wide sweeps and investigations. The DOJ and
the SEC have been conducting such an inquiry into the medical device industry.
The actions against Johnson & Johnson...