Friday FCPA Roundup for Week Ending Jan. 17

    This article was reprinted with permission from FCPA Professor Did you notice?, scrutiny updates, quotable, too narrow, save the date and for the reading and viewing stack. It’s all here in the Friday roundup. Did You Notice? This previous...

    Naval Theorists and the Measurement of Compliance

    If are interested in naval history, strategy and tactics, I have a question for you: Are you a disciple of Alfred Mahan or Julian Corbett? If you are a Mahanian, you probably focus on large naval engagements or the great battle concept. If you are Corbettian...

    Like a Kid in a Candy Store

    This article was reprinted with permission from FCPA Professor It is mid-January and, like every year around this time, I feel like a kid in a candy store given the number of FCPA year in reviews hitting my inbox. This post highlights various FCPA...

    Benedict Arnold and How To Be a Game-Changer in Compliance

    Today is the anniversary of the birth of one of the most notorious Americans of all-time: Benedict Arnold . His name is synonymous with the word traitor in the United States and in many ways more derogatory. Simply calling someone a ‘ Benedict Arnold...

    SEC Enforcement Of The FCPA – Year In Review

    This article was reprinted with permission from FCPA Professor Foreign Corrupt Practices Act enforcement, it is not just about the DOJ. Granted, as a civil enforcement agency its sticks are less sharp than the DOJ’s, but the SEC also claims a...

    Friday FCPA Roundup for Week Ending Jan. 3

    This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, sunshine, year in review roundups, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates H-P The company...

    The 2013 FCPA Year in Review-Corporate Enforcement Actions

    In my final post of 2013, I reviewed all of the individual Foreign Corrupt Practices Act enforcement actions which occurred in the past year. In this first post of 2014, I review all the corporate enforcement actions in 2013. If you would like to have...

    More Compliance Lessons from the Asiana/SFO Crash Investigation

    I have long been interested in the intersection in the changes in attitude regarding safety in the workplace by corporations and the changing attitudes on doing business through bribery and corruption. As a trial lawyer defending corporations in catastrophic...

    World Bank / U.N. Report Rightly Identifies a Problem, Yet Ends With Contradiction

    This article was reprinted with permission from FCPA Professor The Stolen Asset Recovery Initiative, a partnership between the World Bank Group and the U.N. Office on Drugs and Crime, recently released this report titled “Left Out of the Bargain...

    What a Long Strange Trip It’s Been – The Bilfinger FCPA Settlement

    Earlier this week the Department of Justice (DOJ) announced it had resolved an ongoing Foreign Corrupt Practices Act (FCPA) with German entity Bilfinger SE (Bilfinger). This case involved the same background facts and events as the Willbros corporate...

    Keep Your Hand on the Control

    Yesterday Nelson Mandela’s casket was driven to the state capital where he will lay in state until his funeral on Sunday 15 th December. Dignitaries from all over the world will attend. Mandela was praised for his non-violent approach to ending...

    The Brazilian Clean Companies Act

    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...

    German Company Resolves FCPA Enforcement Action Based on Conduct From “The Distant Past”

    This article was reprinted with permission from FCPA Professor Approximately 8 years ago, a German company owned 80% of a German entity doing business in Nigeria. The German entity doing business in Nigeria entered into a joint venture consortium agreement...

    Expanding Your Compliance Decision-Making Tool Kit

    There can be a variety of reasons why bad decisions get made in the corporate world. Last week I wrote about psychopaths in the C-Suite and Boardroom. Today I want to look at some less flamboyant, more mundane ways that a company might get into compliance...

    And The Hits Just Keep on Coming for the ‘Sons and Daughters’ Hiring Program

    About the best thing that you can say for the Houston Texans is that they did not lose on Sunday. Of course they did not play on Sunday, pathetically losing Week 14’s game last Thursday. For their season’s effort, the head coach was fired...

    Friday FCPA Roundup for Week Ending Dec. 6

    This article was reprinted with permission from FCPA Professor Looking for talent … got talent, the DOJ is sued, the Corruption Perceptions Index, a pulse on FCPA Inc., and for the reading stack. It’s all here in the Friday roundup. ...

    FCPA Settlement Amounts Have Come A Long Way In A Short Amount Of Time

    This article was reprinted with permission from FCPA Professor Many of the critiques of this new era of Foreign Corrupt Practices Act enforcement – including my own – have focused on enforcement theories, non-prosecution and deferred prosecution...

    The Weatherford FCPA Settlement, Part II

    Earlier, I reviewed the Weatherford International Limited (Weatherford) Foreign Corrupt Practices Act (FCPA) settlement. Today I will take a more focused look at the bribery schemes involved and the failure of the company to bring internal controls up...

    The Weatherford FCPA Settlement, Part I

    Last week Weatherford International Limited (Weatherford) concluded one of the longest running open Foreign Corrupt Practices Act (FCPA) investigations when it agreed to the ninth largest FCPA fine of all-time and one of its subsidiaries, Weatherford...

    The SEC Talks About Chief Compliance Officers

    Recently, the SEC’s Division of Trading and Markets provided guidance on the potential liability of compliance and legal personnel at registered broker-dealers through a series of answers to eight Frequently Asked Questions (FAQs). Following the...

    Friday FCPA Roundup for Week Ending Nov. 22

    This article was reprinted with permission from FCPA Professor Another acknowledgment of the logic, whistleblower statistics, a guilty plea, and for the reading stack. It’s all here in the Friday roundup. Another Acknowledgment of the Logic...

    Indeed, FCPA Trials Are Important … And Telling As Well

    Three cheers for SEC Chair Mary Jo White’s recent speech titled “The Importance of Trials to the Law and Public Accountability.” Under the heading, “why trials are important,” White stated that “simply put, [trials...

    Edison, the Phonograph and Supply Chain Audits

    Today we celebrate Thomas Edison. It is not his birthday but the 127 th anniversary of Edison announcing his first recording invention, the phonograph. According to This Day in History “Edison stumbled on one of his great inventions–the phonograph–...

    Hats Off to Judge Rakoff

    This article was reprinted with permission from FCPA Professor My 2010 Senate Foreign Corrupt Practices Act testimony focused on two things. First, the general lack of individual enforcement actions in connection with most corporate FCPA enforcement...

    Are Deferred Prosecution Agreements Morally Suspect?

    You know it is going to be a bad day when you are excoriated in public by a sitting federal district judge. It is even worse when the comments of that federal judge make it into one of the most prominent international business dailies around; the UK based...