Revisiting a Foreign Corrupt Practices Act Compliance Defense

reprinted with permission from Mike Koehler , Southern Illinois University School of Law 2012 Wisconsin Law Review 609 Abstract: This article asserts that the current FCPA enforcement environment does not adequately recognize a company's good faith commitment to FCPA compliance and does...

Add Alberto Gonzalez To The List Of Former High-Ranking DOJ Officials Who Support An FCPA Compliance Defense

This article was reprinted with permission from FCPA Professor In my article "Revisiting a Foreign Corrupt Practices Act Compliance Defense" (Wisconsin Law Review - here ), I highlight that against the backdrop of the DOJ's current institutional opposition to an FCPA compliance defense...

Seeing the Light from the “Dark Ages”

This article was reprinted with permission from FCPA Professor During the panel session on DOJ non-prosecution and deferred prosecution agreements last week at the Corporate Crime Reporter sponsored conference in Washington, D.C., I shared my belief that it seems like DOJ is clearly troubled...

The Grim Reaper, GlaxoSmithKline and the Death Knell for the Compliance Defense

The addition of a compliance defense has raised its head again in the Foreign Corrupt Practices Act (FCPA) commentariat. In a post on the FCPA Blog by Philip Fitzgerald, entitled “ From Europe, the case for an FCPA good-faith defense ”, Fitzgerald posits that enforcement of foreign bribery...

SEC Enforcement Official Acknowledges the Underlying Logic Supporting a Compliance Defense

This article was reprinted with permission from FCPA Professor There is an underlying logic to a Foreign Corrupt Practices Act compliance defense. In “ Revisiting a Foreign Corrupt Practices Act Compliance Defense ,” I argued, among other things, that a compliance defense will better...

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 to standard or even follow its own compliance program...