Corporate

Recent Posts

Where Does the Truth Lie?
Posted on 22 Sep 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor If the DOJ and/or SEC make allegations in a Foreign Corrupt Practices Act enforcement action, and a risk averse corporation agrees to resolve the enforcement action in the absence of judicial... Read More

Friday FCPA Roundup for Week Ending Nov. 7
Posted on 7 Nov 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor A double standard dandy, scrutiny alerts, quotable, asset recovery, protection money, and for the reading stack. It’s all here in the Friday roundup. Double Standard Dandy Numerous... Read More

Friday FCPA Roundup for Week Ending June 20
Posted on 20 Jun 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Scrutiny alerts, across the pond, for the reading stack, and congrats. It’s all here in the Friday Roundup. Scrutiny Alerts And Updates The Wall Street Journal reports here... Read More

Issues To Consider From The Smith & Wesson FCPA Action
Posted on 31 Jul 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor This post highlights various issues to consider from this week’s Smith & Wesson Foreign Corrupt Practices Act enforcement action . Should There Be a Difference? If the U... Read More

Telling and Inexcusable
Posted on 5 Mar 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Compliance monitors as a condition of resolving a Foreign Corrupt Practices Act enforcement action are: (a) a necessary post-enforcement action condition of settlement because the conduct... Read More

Total: The Latest Member of the FCPA Top Ten
Posted on 30 May 2013 by Thomas O. Gorman

With fewer recent cases there has been a lot of speculation suggesting that perhaps enforcement officials were easing-up on the FCPA. That supposition just ended with a new addition to the FCPA Top 10, maintained by the excellent FCPA blog. French... Read More

Friday FCPA Roundup for Week Ending January 23
Posted on 23 Jan 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor Scrutiny alerts, quotable, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts Nortek Nortek Inc. recently disclosed : “As part of our... Read More

The Black Hole of FCPA Enforcement
Posted on 3 Feb 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor Readers frequently contact me with good questions about recent Foreign Corrupt Practices Act enforcement actions. Recent examples include the following. In connection with... Read More

Survey Says
Posted on 18 Sep 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Call them green, inexperienced, and naive as to how things really work. I call them good Foreign Corrupt Practices Act survey respondents because they are immersed in learning: (i) about... Read More

Friday FCPA Roundup for Week Ending July 11
Posted on 11 Jul 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor The cheerleaders fume, quotable, scrutiny alert, and for the reading stack. It’s all here in the Friday roundup. The Cheerleaders Fume In the SEC’s failed enforcement... Read More

Friday FCPA Roundup for Week Ending Oct. 17
Posted on 17 Oct 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Strange definitions, asset recovery, through the revolving door, and proof. It’s all here in the Friday roundup. Strange Definitions The Department of Justice and Securities... Read More

Johnson & Johnson Deferred Prosecution Agreement-Part I: Self-Disclosure Reduces Fine
Posted on 11 Apr 2011 by Thomas Fox

On April 8, 2011, the Wall Street Journal (WSJ) reported that Johnson & Johnson settled certain charges related to violations of the Foreign Corrupt Practices Act (FCPA) with the Department of Justice (DOJ) and Securities and Exchange Commission... Read More

DOJ’s Empty Rhetoric on Individual FCPA Prosecutions Continues
Posted on 17 Sep 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor This previous post highlighted the empty rhetoric of a former DOJ Criminal Division Chief regarding individual FCPA prosecutions. A change in leadership at the DOJ Criminal Division... Read More

Friday FCPA Roundup for Week Ending Sept. 5
Posted on 5 Sep 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Knox to FCPA Inc., DOJ response brief filed, SFO speeches, and asset recovery. It’s all here in the Friday roundup. Knox to FCPA Inc. As highlighted in this prior post, over... Read More

Welcome to COSO and the World of Internal Controls – Part I
Posted on 2 Feb 2015 by Thomas Fox

I have intentionally avoided a Top Five or Top Ten prediction list for Foreign Corrupt Practices Act (FCPA) enforcement going forward from 2014 into 2015. However there is one area of FCPA enforcement, which I think underwent a sea change in 2014 and... Read More

  • Blog Post: FCPA Enforcement: Why the Increase between the First 25 Years and the Last 5?

    On Thursday, March 10, the World Compliance Tour came to Houston. It featured presentations by Michael Volkov, of the law firm of Mayer Brown; Ryan Morgan, of World Compliance; and Richard Cassin, author of the FCPA Blog . The session was very informative on a wide range of topics related to the Foreign...
  • Blog Post: JGC Deferred Prosecution Agreement: Cooperation with DOJ Still Key

    I had not, at least in recent years, thought I would be able to say that the Houston Astros have a better record this late in the season than the Boston Red Sox. But at least as of yesterday, now 1-5 Astros no longer share the worst record in baseball, which now belongs to the Red Sox and Tampa Bay...
  • Blog Post: Johnson & Johnson Deferred Prosecution Agreement-Part I: Self-Disclosure Reduces Fine

    On April 8, 2011, the Wall Street Journal (WSJ) reported that Johnson & Johnson settled certain charges related to violations of the Foreign Corrupt Practices Act (FCPA) with the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). The settlement was in the mechanism of a...
  • Blog Post: Total: The Latest Member of the FCPA Top Ten

    With fewer recent cases there has been a lot of speculation suggesting that perhaps enforcement officials were easing-up on the FCPA. That supposition just ended with a new addition to the FCPA Top 10, maintained by the excellent FCPA blog. French oil and gas giant Total S.A. jumped to number four...
  • Blog Post: Now is the Time to Enhance FCPA Enforcement, DOJ Official Declares

    Calling FCPA and anti-corruption enforcement a "core priority of the Department of Justice," Mythili Raman, Acting Assistant Attorney General, Criminal Division, recounted the Department's successes across the nation and its coordination around the globe. "Keynote Address at the...
  • Blog Post: FCPA Compliance Fatigue?

    This article was reprinted with permission from FCPA Professor Has this new era of FCPA enforcement resulted in compliance fatigue and its unintended negative consequence of numbing individuals to the FCPA? It has been noted : Rules and controls and training programs are essential in any organization...
  • Blog Post: Without Individual FCPA Defendants, There Would Be No FCPA Case Law

    This article was reprinted with permission from FCPA Professor Lest there be any confusion, I start this post with the basics. The Foreign Corrupt Practices Act is a criminal statute. Those that violate the FCPA ought to be charged. Those who are found guilty of FCPA violations are not worthy of...
  • Blog Post: Friday FCPA Roundup for Week Ending August 2

    by Mike Koehler This article was reprinted with permission from FCPA Professor Scrutiny alerts, misleading yet interesting, the flip side, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Updates ENI IntelliNews report here : “ENI SpA chief executive...
  • Blog Post: Attorney General Holder’s Speech Has Broad Application

    This article was reprinted with permission from FCPA Professor On Monday, Attorney General Eric Holder delivered this speech at the Annual Meeting of the ABA House of Delegates. Below are snippets from his speech. “It’s time – in fact, it’s well past time – to address...
  • Blog Post: And The Apple Goes To …

    This article was reprinted with permission from FCPA Professor This month’s FCPA Professor Apple Award goes to … Andrew Ross Sorkin. Writing in his column at the New York Times DealBook in the aftermath of JPMorgan’s FCPA scrutiny for allegedly hiring family members of alleged...
  • Blog Post: Friday FCPA Roundup for Week Ending Sept. 6

    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. Interesting An interesting study ( here ) from Michael Klausner (Nancy...
  • Blog Post: Friday FCPA Roundup for Week Ending Sept. 13

    This article was reprinted with permission from FCPA Professor It’s an FCPA world Friday roundup. According to my tally, in the last approximate 30 days, 11 companies have disclosed new instances of FCPA scrutiny and/or otherwise been the subject of media reports concerning conduct that could...
  • Blog Post: Should Motivations Matter?

    This article was reprinted with permission from FCPA Professor GlaxoSmithKline’s (GSK) scrutiny in China – by the Chinese government – dominated the headlines in July (see here for a prior post). Shortly thereafter, many began to question the motivations of the Chinese government...
  • Blog Post: Survey Says

    This article was reprinted with permission from FCPA Professor Call them green, inexperienced, and naive as to how things really work. I call them good Foreign Corrupt Practices Act survey respondents because they are immersed in learning: (i) about black letter legal principles; (ii) legal authority...
  • Blog Post: Friday FCPA Roundup for Week Ending Sept. 20

    This article was reprinted with permission from FCPA Professor A roundup of comments made yesterday by Charles Duross (DOJ FCPA Unit Chief) and Kara Brockmeyer (SEC FCPA Unit Chief) at the ABA’s National Institute on the Foreign Corrupt Practices Act in Washington, D.C. Resources Duross...
  • Blog Post: Once Again, Not The Media’s Finest FCPA Moment

    This article was reprinted with permission from FCPA Professor As readers no doubt know, I have my fair share of concerns regarding this new era of Foreign Corrupt Practices Act enforcement. (See here for my article “The Facade of FCPA Enforcement,” and here for my 2010 Senate testimony...
  • Blog Post: Friday FCPA Roundup for Week Ending Nov. 8

    This article was reprinted with permission from FCPA Professor That’s just so fringe, where now?, the pulse of FCPA Inc., scrutiny alerts and updates, for the reading stack, and save the date. It’s all here in the Friday Roundup. That’s Just So Fringe Many in the anti-corruption...
  • Blog Post: 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] put our system of justice [...] on display...
  • Blog Post: 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 recent and controversial Urban case and public comments...
  • Blog Post: A More Complete Picture of Chuck Duross’s Tenure as DOJ FCPA Unit Chief

    An earlier post highlighted how Chuck Duross (the DOJ’s FCPA Unit Chief) became the latest in a long line of DOJ and SEC FCPA enforcement attorneys to leave government service for FCPA Inc. to provide defense and compliance services to business organizations subject to the enforcement climate they...
  • Blog Post: The Sussex Vampyre and the ADM FCPA Settlement

    Today I want to use the story of The Sussex Vampyre as the starting point for an inquiry into the recent Archer-Daniels-Midland Corp (ADM) Foreign Corrupt Practices Act (FCPA) enforcement action. In the story, Holmes receives a letter from Robert Ferguson, who has become convinced that his second wife...
  • Blog Post: Further to the DOJ’s Unique Centralized FCPA Enforcement Policy

    This article was reprinted with permission from FCPA Professor One reason I have argued, as a matter of policy (see here and here for instance), for greater post-government employment restrictions on DOJ Foreign Corrupt Practices Act enforcement attorneys with supervisory and discretionary authority...
  • Blog Post: A Debate Regarding the General Upward Trend of FCPA Enforcement Actions

    This article was reprinted with permission from FCPA Professor Recently, I had the pleasure to again visit with Thomas Fox for his Foreign Corrupt Practices Act Compliance and Ethics Report in a two-part series. In Part II of our discussion (approximately 25 minutes) we debate the reasons for the...
  • Blog Post: Telling and Inexcusable

    This article was reprinted with permission from FCPA Professor Compliance monitors as a condition of resolving a Foreign Corrupt Practices Act enforcement action are: (a) a necessary post-enforcement action condition of settlement because the conduct at issue in the enforcement action suggests...
  • Blog Post: Assignment: Read Former Deputy Attorney General Larry Thompson’s New Article

    This article was reprinted with permission from FCPA Professor Larry Thompson has experience with the Foreign Corrupt Practices Act from a number of vantage points few can claim: DOJ Deputy Attorney General, a lawyer in private practice, and a general counsel of a major multinational company. For...