The FCPA and Doing Business In A Pure Pay to Play Country

Excerpt: Since March 15th 2010, the blogosphere has seen some interesting discussions about the economics of the Foreign Corrupt Practices Act (FCPA). The spark which ignited the blog-world was a statement by Wall Street Journal editorial board member Mary Anastasia O'Grady in a piece entitled...

Foreign Business Partner under the FCPA: The Problem and Managing It

This article is the first in a series of articles detailing the risk assessment, evaluation and management of a foreign business partner under the Foreign Corrupt Practices Act (FCPA). This article sets out the parameters of the problem and suggests a format for risk assessment, suggesting an approach...

Free Webinar: Understanding the Risks of Operating in a Global Market

Moderator(s): Paul J. McNulty, Stephen Martin, Patrick Thesing Today's challenging legal and regulatory environment has made it absolutely essential to establish an effective global compliance program. This need is fueled by the increased expectations and scrutiny of corporate compliance practices...

Management of Foreign Business Partners Under the FCPA through an Oversight Committee

Excerpt: A key tool in the process of managing Foreign Business Partners under the Foreign Corrupt Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be utilized throughout the entire process of (1) evaluating the need for a Foreign Business Partner; (2) evaluating the information...

FTI Consulting’s Allan Kaufman on the Globalization of Foreign Corrupt Practices Laws

Allan Kaufman, managing director at FTI Consulting, discusses a number of issues surrounding foreign corrupt practices law during a seminar held on Sept. 23, 2010. Topics include which countries are better at enforcing bribery laws, what the U.N. has done to combat bribery of foreign governments, who...

Foreign Business Representatives: Some Red Flags to Review

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 is more particularly so if the foreign business...

The IBM Case: FCPA Compliance Programs And Internal Controls

There was Congressional testimony last fall to consider possible modifications to the Foreign Corrupt Practices Act. In part the testimony focused on the issue of FCPA compliance procedures as a defense for a business organization. Under current practice those procedures are not a defense but mitigation...

Internal Controls under the UK Bribery Act and FCPA

Although much is still unclear about the implementation date, or the manner in which the UK Bribery Act will be enforced, it is clear that one of the important compliance functions which a company should implement is appropriate internal controls. The previously released Consultative Guidance had...

Some Red Flags

Most compliance practitioners have heard the term " Red Flags ." Red Flags are generally defined as circumstances which could place a reasonable person on notice that illegal or improper conduct has or may occur. A Red Flags does not mean that an action or transaction should immediately...

Is a Commercial Enterprise Owned by Foreign Government by Covered by the FCPA?

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 a basic Department of Justice tenet that...

15 (FCPA) Blog Sites to Check Out on April 15

For some time now I have wanted to write about who I read and why, so in honor of April 15, I thought it might be a good idea to list 15 favorite blog sites. Below is a list of my favorites and as this blog provides my spin on all things related to the Foreign Corrupt Practices Act (FCPA) arena here...

This Week in the FCPA # 6 (June 6, 2011) by Thomas Fox & Howard Sklar

Among the topics that Thomas Fox and Howard Sklar discuss this week: Cheryl Scarboro's departure from the SEC to join Simpson Thacher, the House Judiciary Committee's examination of upgrades to the Foreign Corrupt Practices Act, KPMG's Global Anti-Bribery and Corruption Survery...

Cadwalader FCPA Advisor: Technip DPA, DOJ Corporate Monitor Guidance, DOJ FCPA Opinion Release, and more

In This Issue: Technip Enters into DPA with DOJ, Pays $338 Million Settlement Department of Justice Guidance on Company Disputes with Corporate Monitors First DOJ FCPA Opinion Procedure Release in 2010 Financial Reform Bill Compensates Whistleblowers Assisting the SEC Breuer Cautiously Approaches...

End of the Annual Compliance and Ethics Training ‘Flea Dip’

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 receive which he calls a ' flea dip' . While...

Parts III & IV: The SEC and Chinese Issuers: Transparency And Accountability

Corporate governance A number of PRC based issuers have been named as defendants in SEC enforcement actions. These cases involve a range of issues including financial fraud, manipulation and misuse of assets. Misrepresentations and financial fraud are the central allegations in SEC v. SinoTechEnergy...

The Story Of The Foreign Corrupt Practices Act

This article was reprinted with permission from FCPA Professor Thirty-five years ago this month, the Foreign Corrupt Practices Act became law. In connection with this anniversary, I am pleased to share my scholarship " The Story of the Foreign Corrupt Practices Act " recently published...

Grading the Foreign Corrupt Practices Act Guidance

This article was reprinted with permission from FCPA Professor I am pleased to share a download link ( here ) to my article "Grading The Foreign Corrupt Practices Act Guidance" recently published in Bloomberg / BNA's White Collar Crime Report. The article abstract is as follows...

The Need for an FCPA Lingua Franca

This article was reprinted with permission from FCPA Professor There is a need for a Foreign Corrupt Practices Act lingua franca. The absence of a lingua franca has all sorts of negative effects, including an impact on the quality of FCPA enforcement and related statistics. I previously wrote...

Small but Crucial Distinctions: Understanding the UK Bribery Act vs. the FCPA

"We are not the 'serious champagne office,' " said David Green , chief of the UK's Serious Fraud Office (SFO). But Green says he is working to focus his agency on bigger cases of bribery and corruption. Green's commitment , and the sweeping nature of the UK Bribery Act (UKBA...

Friday FCPA Roundup for Week Ending June 20

This article was reprinted with permission from FCPA Professor SEC tweaks its neither admit nor deny settlement policy, Tyco settlement approved, scrutiny alert, and for the reading stack. It's all here in the Friday roundup. SEC Tweaks Neither Admit Nor Deny Settlement Policy Numerous...

The Guidance One Year Later

This article was reprinted with permission from FCPA Professor One year ago today, the DOJ and SEC released FCPA Guidance. (See here for the Guidance and here for the Guidance press conference). To say that the Guidance was long-awaited is an understatement. In 1988, Congress encouraged the...

The 100th Edition: Friday FCPA Roundup for Week Ending Nov. 15

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, a first, blunt, and quotable. It’s all here in this – the 100th edition - of the Friday roundup. [I hope the Friday roundup is a value added end to your work week. The Friday roundup alone represents...

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. Looking for Talent … Got Talent If your...

The FCPA Turns 37

This article was reprinted with permission from FCPA Professor This weekend, our favorite statute, the Foreign Corrupt Practices Act, turns 37. President Jimmy Carter’s December 20, 1977 signing statement stated in full as follows. “I am pleased to sign into law S. 305,...