Corporate

Recent Posts

Why Should Americans Care About the FIFA Indictments? Part II – Corruption Changes the Truth of the Game
Posted on 11 Jun 2015 by Thomas Fox

Today, I continue my (now) four-part series on the above question posed to me recently by a colleague. (I know I wrote that it would be a three-part series but as usual I got carried away when I started writing.) Yesterday, I wrote that only the US government... Read More

The Looting Machine & the Modernization of Corruption
Posted on 18 Aug 2015 by RBistrong

Today’ Q and A is with Tom Burgis, Investigations Correspondent at Financial Times and author of “The Looting Machine: Warlords, Oligarchs, Corporations, Smugglers, and the Theft of Africa’s Wealth” available here . As Tom States... Read More

Louis Berger International and Two Former Employees Resolve Enforcement Action
Posted on 21 Jul 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor Last Friday, the DOJ announced the second corporate Foreign Corrupt Practices Act enforcement action of 2015. It was against Louis Berger International Inc. (LBI, a New Jersey-based... Read More

The Petrobras Scandal and Corruption of Political Parties Under the FCPA
Posted on 21 Apr 2015 by Thomas Fox

When does bribery and corruption move from a business issue to a political issue to a national issue? Why should US companies be held to the gold standard of anti-corruption laws? Should the US government even care if US companies engage in bribery of... Read More

Front-Line Interview Episode 1: Alison Taylor, How Organizations Impact Corruption
Posted on 27 Aug 2015 by RBistrong

(Please visit the site to view this video) In the launch of a new video series, Front-Line Interviews, I engage with Alison Taylor, Director of Energy and Extractives at BSR (Business for Social Responsibility). I first became aware of Alison’s... Read More

Do You Now Understand Why the Meaning of “Foreign Official” Matters?
Posted on 26 Aug 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor For some time, certain people have been confused, perplexed etc. as to why the meaning of “foreign official” in the FCPA’s anti-bribery provisions matters. In connection... Read More

Issues to Consider From the Goodyear Enforcement Action
Posted on 26 Feb 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor This recent post highlighted the SEC FCPA enforcement action against Goodyear. This post continues the analysis by highlighting various issues to consider associated with the enforcement... Read More

Does the World Need Another Compliance Provider? – Part 1
Posted on 10 Jun 2015 by LexisNexis Legal Newsroom Staff

This article was originally published at ComplianceX , the Compliance Exchange Richard Bistrong was an International Sales Vice-President in the Defense Sector for most of his career, spending an average of 250 days per year overseas, and twice residing... Read More

Time Out on Slamming the Brits
Posted on 14 Aug 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor As highlighted in this recent report: “The [U.K.] Government is reviewing the Bribery Act after business leaders claimed it was making it difficult for British firms to export... Read More

Louis Berger International and Two Former Employees Resolve Enforcement Action
Posted on 21 Jul 2015 by Doug Esten

This article was reprinted with permission from FCPA Professor Last Friday, the DOJ announced the second corporate Foreign Corrupt Practices Act enforcement action of 2015. It was against Louis Berger International Inc. (LBI, a New Jersey-based... Read More

Two Sides of A Global Corruption Investigation at Anti-Corruption Oslo
Posted on 11 Jun 2015 by RBistrong

This is the second part of my interview with Robert (“Bob”) Appleton, which is timely given our question and answer session at the upcoming Anti-Corruption Conference, Oslo, where we will engage in an interview titled “Bribery from the... Read More

Benchmarking Bribery & Corruption: Compliance Progress & Frustration
Posted on 7 Jul 2015 by RBistrong

In 2014 I wrote about the Kroll and Compliance Week 2014 Anti-Bribery and Corruption Benchmarking Report, subtitled Untangling the Web of Risk and Compliance. I found the 2014 Report to be extremely relevant and engaging, focusing, among the conclusions... Read More

Booking a Meeting? In Venezuela It May Cost You a Rolex
Posted on 26 Oct 2015 by Thomas Fox

First it was Petrobras but it certainly did not take long for the second shoe to drop for the other corrupt national energy company in Latin America, the Venezuelan national oil company Petróleos de Venezuela, also known as PdVSA. Anyone in the... Read More

Farewell to Chocolate Thunder, Baylor Football and Due Diligence
Posted on 29 Aug 2015 by Thomas Fox

Daryl Dawkins died yesterday. To anyone who followed the National Basketball League (NBA); Dawkins will always be remembered with the brilliant Stevie Wonder-derived moniker – Chocolate Thunder . I will also remember him for three things. First... Read More

The Fifth Letter and Expansion of the Brazilian Corruption Scandal into the Private Sector
Posted on 31 Jul 2015 by Thomas Fox

I recently received a review copy of the book The Fifth Letter by fellow University of Michigan grad Vivian L. Carpenter. It is a rollicking good read which touches on areas of constitutional law, inalienable rights in the US, the complexities of racial... Read More

  • Blog Post: Hammer Films’ Frankenstein and the Monster of Corruption in Brazil

    Today we celebrate the initial two Hammer Films Frankenstein entries into the horror pantheon. These classic films, from the 1950s, were the The Curse of Frankenstein and The Revenge of Frankenstein. In both films Peter Cushing played the monster’s creator, Dr. Frankenstein. In the first film Christopher...
  • Blog Post: Layne Christensen Company Resolves SEC Enforcement Action

    This article was reprinted with permission from FCPA Professor In August, Layne Christensen Company said that it hoped to resolve its long-standing FCPA scrutiny by resolving an SEC enforcement action in the near future. Yesterday, the company did just that as the SEC announced in this release...
  • Blog Post: Goodyear to Pay SEC More Than $16M to Settle Federal Corruption Claims

    WASHINGTON, D.C. — (Mealey’s) According to the terms of administrative order issued by the Securities and Exchange Commission today, Goodyear Tire & Rubber Co. will pay more than $16 million to settle claims that it violated provisions of the Foreign Corrupt Practices Act (FCPA) by failing...
  • Blog Post: Without Admitting or Denying the SEC’s Findings, Goodyear Resolves SEC Administrative Action

    This article was reprinted with permission from FCPA Professor As highlighted in this previous post, in February 2012 Goodyear Tire & Rubber Company disclosed as follows. “In June 2011, an anonymous source reported, through our confidential ethics hotline, that our majority-owned joint...
  • Blog Post: Goodyear Settles SEC FCPA Charges

    Goodyear Tire and Rubber Company settled FCPA books and records and internal control charges with the SEC. The settlement reflects the extensive cooperation and remedial efforts of the company. In the Matter of Goodyear Tire and Rubber Company, Adm. Proc. File No. 3-16400 (February 24, 2015). The...
  • Blog Post: Issues to Consider From the Goodyear Enforcement Action

    This article was reprinted with permission from FCPA Professor This recent post highlighted the SEC FCPA enforcement action against Goodyear. This post continues the analysis by highlighting various issues to consider associated with the enforcement action. Invoking a Standard That Does Not...
  • Blog Post: Gulliver’s Travels, Truth or Fiction?

    There was once a man named Gulliver who traveled widely and wrote a book about his adventures called Gulliver’s Tales . During his first voyage, Gulliver is washed ashore after a shipwreck and finds himself a prisoner of a race of little people, who live in the country of Lilliput. After giving...
  • Blog Post: The Petrobras Scandal and Corruption of Political Parties Under the FCPA

    When does bribery and corruption move from a business issue to a political issue to a national issue? Why should US companies be held to the gold standard of anti-corruption laws? Should the US government even care if US companies engage in bribery of politicians and political parties outside the US...
  • Blog Post: The FIFA Indictments and Travel Act Prosecutions under the FCPA

    While the indictments last week against 14 individuals who were members or associated with Fédération Internationale de Football Association (FIFA) did not include any alleged violations of the Foreign Corrupt Practices Act (FCPA), it does not necessarily mean that companies subject to...
  • Blog Post: A Bi-Partisan Edition of the Double Standard

    This article was reprinted with permission from FCPA Professor Numerous previous post on FCPA Professor have highlighted the double standard between enforcement of the Foreign Corrupt Practices Act and enforcement of 18 U.S.C. 201, the domestic bribery statute. After all, in many respects the FCPA...
  • Blog Post: FIFA, the DOJ and the Global Fight Against Corruption

    The Department of Justice (DOJ) gave the global fight against anti-corruption a huge boost last week when it announced it was bringing charges against 14 members or persons associated with Fédération Internationale de Football Association (FIFA). To say that the scope and breadth of the...
  • Blog Post: Thinking About the FIFA Bribery Scandal

    The U.S. Department of Justice’s blockbuster announcement in late May that U.S. prosecutors have indicted fourteen defendants on corruption charges involving activities of the International Federation of Football (FIFA) and related regional member organizations captured news headlines around the...
  • Blog Post: Why Should Americans Care About the FIFA Indictments? Part I – Only the US Government Could Do It

    A colleague recently posed that question to me. I thought it was an interesting one and although at first blush the response to me might appear self-evident, the fact that it was posed means that my view may not be universal. The more I thought about how to respond to my friend’s query, the longer...
  • Blog Post: Does the World Need Another Compliance Provider? – Part 1

    This article was originally published at ComplianceX , the Compliance Exchange Richard Bistrong was an International Sales Vice-President in the Defense Sector for most of his career, spending an average of 250 days per year overseas, and twice residing in the United Kingdom. In 2007, the US Department...
  • Blog Post: Why Should Americans Care About the FIFA Indictments? Part II – Corruption Changes the Truth of the Game

    Today, I continue my (now) four-part series on the above question posed to me recently by a colleague. (I know I wrote that it would be a three-part series but as usual I got carried away when I started writing.) Yesterday, I wrote that only the US government had the wherewithal, tools and will to do...
  • Blog Post: Two Sides of A Global Corruption Investigation at Anti-Corruption Oslo

    This is the second part of my interview with Robert (“Bob”) Appleton, which is timely given our question and answer session at the upcoming Anti-Corruption Conference, Oslo, where we will engage in an interview titled “Bribery from the Sharp End,” on June 11th, 2015, 16:00 local...
  • Blog Post: Why Should Americans Care About the FIFA Indictments? Part III – Corruption and US Companies

    Today, I continue my four-part series on the above question posed to me recently by a colleague. In Part I, I wrote that only the US government had the wherewithal, tools and will to do so. Yesterday, I focused on corruption on the pitch and how bribery and corruption ‘changes the game’ of...
  • Blog Post: What Happened In Oslo Shouldn’t Stay In Oslo

    Last week I had the pleasure and honor of participating in the Oslo, 2015 Anti-Corruption Conference, at the invitation of Helge Kvamme, Partner, Investigations and Compliance, Selmer Law Firm, Norway, and a member of the Organizing Committee as well as a speaker during the Conference. It was during...
  • Blog Post: Fraud and the Detection of the Sources for Bribery

    In a recent White Paper authored by Peter Smith for OFS Portal, entitled “ Procurement and Fraud in the Supply Chain ”, where he examined “fraud linked to procurement and supply chain activities.” Smith focuses on where fraud can occur in the procurement process. From this starting...
  • Blog Post: Richard Bistrong: When Corruption Becomes Normal

    Republished with permission of the FCPA Blog ( original post ) Alison Taylor described on the FCPA Blog how employees are “socialized into paying bribes and encouraged to believe that corruption is an inevitable and necessary response to the hard commercial realities.” Some organizations...
  • Blog Post: Benchmarking Bribery & Corruption: Compliance Progress & Frustration

    In 2014 I wrote about the Kroll and Compliance Week 2014 Anti-Bribery and Corruption Benchmarking Report, subtitled Untangling the Web of Risk and Compliance. I found the 2014 Report to be extremely relevant and engaging, focusing, among the conclusions, upon the peril of “vetting and forgetting...
  • Blog Post: The New Canadian Integrity Regime: Compliance Carrots to Join the Sticks

    Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement, I thought that a change in the Regime was worthy of additional focus. Thus...
  • Blog Post: Louis Berger International and Two Former Employees Resolve Enforcement Action

    This article was reprinted with permission from FCPA Professor Last Friday, the DOJ announced the second corporate Foreign Corrupt Practices Act enforcement action of 2015. It was against Louis Berger International Inc. (LBI, a New Jersey-based infrastructure and development company) and focused...
  • Blog Post: The Fifth Letter and Expansion of the Brazilian Corruption Scandal into the Private Sector

    I recently received a review copy of the book The Fifth Letter by fellow University of Michigan grad Vivian L. Carpenter. It is a rollicking good read which touches on areas of constitutional law, inalienable rights in the US, the complexities of racial relations in the South up to this day, an all-knowing...
  • Blog Post: The Difficulties of Compliance

    This article was reprinted with permission from FCPA Professor In the minds of some, compliance with the Foreign Corrupt Practices Act or other similar laws is simple: you just don’t bribe. As highlighted in this prior post such a simplistic position is entirely off-target. Indeed what I...