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Send Lawyers, Guns and Money - Some Steps Law Firms Should Consider
Posted on 15 Oct 2012 by Thomas Fox

One of my favorite lawyer songs is the Warren Zevon classic " Lawyers, Guns and Money ". I was reminded of that song when I sat on a panel on Wednesday with Dan Chapman and Mike Volkov, where we discussed recent enforcement actions and due diligence... Read More

Conducting Pre-Acquisition FCPA Due Diligence
Posted on 27 Apr 2011 by Thomas Fox

There are several recent examples where companies, bought both businesses and there pre-existing violations of the Foreign Corrupt Practices Act (FCPA), in large part because the acquiring companies failed to perform sufficient FCPA due diligence it... Read More

Citibank: Multiple Failure of Compliance as the Hammer Drops
Posted on 5 Jun 2014 by Thomas Fox

What is the cost of the failure to perform appropriate due diligence on a regular basis? What red flags should you look for when considering doing business with a customer, party in the sales channel or entity in the supply chain? All of these questions... Read More

Evaluating Integration of the Compliance Function in Pre-Acquisition Due Diligence
Posted on 1 Nov 2011 by Thomas Fox

In an article in the most recent issue of the Houston Business Journal, entitled " Putting a partner through too many changes increases risk ", columnist Connie Barnaba discusses one of the risks often overlooked in a mergers and acquisitions... 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

Life Cycle of Third Party Management – Step 3: Due Diligence
Posted on 3 Apr 2014 by Thomas Fox

Most companies fully understand the need to comply with the Foreign Corrupt Practices Act (FCPA) Act regarding third parties as they represent the greatest risks for an FCPA violation. However most companies are not created out of new cloth but are ongoing... Read More

Transparency International Guidance on Anti-Corruption and Anti-Bribery Due Diligence for M&A Transactions – Part I
Posted on 3 Oct 2011 by Thomas Fox

Transparency International (TI) recently released, in draft form for consultation, a White Paper entitled " Anti-Bribery Guidance for Transactions ." Although this version was preliminary draft, available for a commentary period and the ... Read More

Working With Third Parties in the Due Diligence Process
Posted on 13 May 2014 by Thomas Fox

On this day we celebrate the 1607 founding of the English colony at Jamestown. While credited with being the first English colony in what became America, it’s probably more accurate to refer to it as the first permanent English colony that survived... Read More

Chadbourne’s Quarterly FCPA Report – The importance of pre-acquisition due diligence
Posted on 17 Jul 2012 by Thomas Fox

There are several law firms which put out annual, semi-annual and quarterly reports on the Foreign Corrupt Practices Act (FCPA). One recent report is the Compliance Quarterly, Spring 2012 Report by Chadbourne & Parke LLP. Rather than compiling a list... Read More

What Is Due Diligence?
Posted on 29 Jul 2013 by Thomas Fox

What is due diligence? When did due diligence begin? What does it really mean to perform due diligence? Further, how do you tie the information that you obtain in the due diligence process into your ongoing compliance program? I thought about those questions... Read More

Working With Third Parties in the Due Diligence Process
Posted on 13 May 2014 by Doug Esten

On this day we celebrate the 1607 founding of the English colony at Jamestown. While credited with being the first English colony in what became America, it’s probably more accurate to refer to it as the first permanent English colony that survived... Read More

Due Diligence, Due Diligence and More Due Diligence
Posted on 31 Aug 2011 by Thomas Fox

In an article published in the August 30, 2011 Wall Street Journal , entitled " Iran's Hong Kong Shipping Shell Game ", Claudia Rosett reported on efforts by Iran to reflag ships to companies with Hong Kong registries. While the focus... Read More

We’re No. 1: What Level of Due Diligence Should You Perform?
Posted on 1 Jun 2011 by Thomas Fox

New Zealand is generally recognized as having some of the lowest instances of corruption across the globe, at least that is the perception. Over the past 3 years it has either been Number 1 or led outright the Transparency International Corruptions... Read More

Some Red Flags
Posted on 23 Mar 2011 by Thomas Fox

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... Read More

Due Diligence: Past, Present and Future
Posted on 8 Oct 2013 by Thomas Fox

Released 40 years ago this month, the Al Stewart album Past Present and Future was a departure from his earlier folk based work. In this album, Stewart focused on historical themes. I was particularly drawn to two long songs, “Roads To Moscow”... Read More

  • Blog Post: 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...
  • Blog Post: Conducting Pre-Acquisition FCPA Due Diligence

    There are several recent examples where companies, bought both businesses and there pre-existing violations of the Foreign Corrupt Practices Act (FCPA), in large part because the acquiring companies failed to perform sufficient FCPA due diligence it the overall pre-acquisition due diligence. These...
  • Blog Post: We’re No. 1: What Level of Due Diligence Should You Perform?

    New Zealand is generally recognized as having some of the lowest instances of corruption across the globe, at least that is the perception. Over the past 3 years it has either been Number 1 or led outright the Transparency International Corruptions Perceptions Index with scores of 2010-9.3...
  • Blog Post: Due Diligence, Due Diligence and More Due Diligence

    In an article published in the August 30, 2011 Wall Street Journal , entitled " Iran's Hong Kong Shipping Shell Game ", Claudia Rosett reported on efforts by Iran to reflag ships to companies with Hong Kong registries. While the focus of the article seemed to point to the Office of Foreign...
  • Blog Post: Transparency International Guidance on Anti-Corruption and Anti-Bribery Due Diligence for M&A Transactions – Part I

    Transparency International (TI) recently released, in draft form for consultation, a White Paper entitled " Anti-Bribery Guidance for Transactions ." Although this version was preliminary draft, available for a commentary period and the final version is to be released later in October,...
  • Blog Post: Evaluating Integration of the Compliance Function in Pre-Acquisition Due Diligence

    In an article in the most recent issue of the Houston Business Journal, entitled " Putting a partner through too many changes increases risk ", columnist Connie Barnaba discusses one of the risks often overlooked in a mergers and acquisitions (M&A) transactions. It is the risk inherent...
  • Blog Post: How Charles Ponzi Can Inform Your Compliance Program

    Yesterday, I used some of the wisdom from current CIA Director General David Petraeus to suggest how senior management might move forward with a compliance program. Today I will use a very different individual to help inform your third party due diligence, Charles Ponzi. My colleague Tracy Coenen...
  • Blog Post: OCEG on Third Party Anti-Corruption Due Diligence

    My grandfather was a comic book collector. He collected all kinds and types of comics, from super-heroes to the Archie series. One of the series that he collected that I still think about from time-to-time was Classics Illustrated. Classics Illustrated was a comic book series featuring adaptations...
  • Blog Post: Running the Big Con in DC: Lessons for the FCPA Compliance Practitioner

    Most people have seen the movie " The Sting ", starring Robert Redford and Paul Newman, which tells the story of an older con man, Newman, who shows a younger man, Redford, how to run 'the big con' on a gangster played by Robert Shaw. It was fiction. However, on the front page of the...
  • Blog Post: Chadbourne’s Quarterly FCPA Report – The importance of pre-acquisition due diligence

    There are several law firms which put out annual, semi-annual and quarterly reports on the Foreign Corrupt Practices Act (FCPA). One recent report is the Compliance Quarterly, Spring 2012 Report by Chadbourne & Parke LLP. Rather than compiling a list of cases with highlights and lessons learned for...
  • Blog Post: Send Lawyers, Guns and Money - Some Steps Law Firms Should Consider

    One of my favorite lawyer songs is the Warren Zevon classic " Lawyers, Guns and Money ". I was reminded of that song when I sat on a panel on Wednesday with Dan Chapman and Mike Volkov, where we discussed recent enforcement actions and due diligence under the Foreign Corrupt Practices Act ...
  • Blog Post: Due Diligence: Past, Present and Future

    Released 40 years ago this month, the Al Stewart album Past Present and Future was a departure from his earlier folk based work. In this album, Stewart focused on historical themes. I was particularly drawn to two long songs, “Roads To Moscow” which is Stewart’s tribute to the Russian...
  • Blog Post: Working With Third Parties in the Due Diligence Process

    On this day we celebrate the 1607 founding of the English colony at Jamestown. While credited with being the first English colony in what became America, it’s probably more accurate to refer to it as the first permanent English colony that survived for any length of time. The largely male colonists...
  • Blog Post: Citibank: Multiple Failure of Compliance as the Hammer Drops

    What is the cost of the failure to perform appropriate due diligence on a regular basis? What red flags should you look for when considering doing business with a customer, party in the sales channel or entity in the supply chain? All of these questions and more continue to swirl around Citigroup and...
  • Blog Post: Farewell to Chocolate Thunder, Baylor Football and Due Diligence

    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 he was one of the very rare high school stars who...