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Morgan Stanley Goes One for One with a Best Practices Compliance Program
Posted on 4 May 2012 by Thomas Fox

On Monday night, Houston Astros manager Brad Mills went to the mound five times to change pitchers against five straight New York Mets batters. This set the Astros twitter community literally 'a-twitter' as it was noted that, according to the... Read More

The Horror of Dracula and Internal Controls in International Locations, Part I
Posted on 13 Oct 2014 by Thomas Fox

This Friday we celebrate the second in the Hammer Films horror series, which was actually its first offering, based on Count Dracula, entitled “ Horror of Dracula ”. It starred the famous Hammer Films horror movie two-some of Peter Cushing... 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

Johnson & Johnson Becomes the Newest Member of the FCPA Top 10 Settlements List
Posted on 13 Apr 2011 by Thomas O. Gorman

Current trends in FCPA enforcement are evident in the latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. , (D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve... Read More

Internal Controls under the UK Bribery Act and FCPA
Posted on 22 Mar 2011 by Thomas Fox

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.... Read More

Lessons from GSK in China – Internal Controls, Auditing and Monitoring
Posted on 25 Sep 2014 by Thomas Fox

One of the great things about writing your own blog is that sometimes you can get going on a subject and just explore it. While I think I might sometimes get carried away when I delve into a topic, I certainly learn much while doing so. This week appears... Read More

FCPA Lessons Learned-Failures in Internal Controls
Posted on 28 Mar 2011 by Thomas Fox

We often write and speak on some of the lesson learned from enforcement actions brought by the Department of Justice (DOJ) under the Foreign Corrupt Practices Act (FCPA). We believe that companies can not only learn from the mistakes of others in implementing... Read More

The SEC Frequently Alleges or Finds Only Books and Records and Internal Controls Violations in FCPA Enforcement Actions
Posted on 11 Jun 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor This recent post highlighted critical commentary regarding the recent BHP Billiton enforcement action. One theme from much of the commentary was that the BHP action was somehow unique... Read More

Johnson & Johnson Deferred Prosecution Agreement-Part II: Compliance Program Best Practices
Posted on 12 Apr 2011 by Thomas Fox

Yesterday we reviewed the background facts of the Johnson & Johnson (J&J) Deferred Prosecution Agreement (DPA) and the issue of self-reporting. In this posting we will review some of specific compliance program best practices which Johnson... Read More

Steve Bartman and Internal Controls Outside the US, Part II
Posted on 14 Oct 2014 by Thomas Fox

Today, we note that 11 years ago, Steve Bartman entered the Chicago Cubs Hall of Infamy. For every baseball fan, if there was ever a but for the grace of God, go thee moment the sad saga of Bartman is it. The Chicago Cubs, who at that point had not played... Read More

McNulty’s Maxims, the Deepwater Horizon and FCPA Internal Controls
Posted on 19 Dec 2011 by Thomas Fox

I often write about what I call Paul McNulty's three maxims of a Foreign Corrupt Practices Act (FCPA) compliance program: 1) What did you do to prevent it?; 2) What did you do to detect it?; and 3) What did you do to remedy it? I had generally... Read More

Johnson & Johnson, DePuy Pay $76.9M To Settle Foreign Bribery Claims
Posted on 12 Apr 2011 by Tom Moylan

(Mealey's) - Johnson & Johnson (J&J) and subsidiary DePuy International Ltd. will pay $76.9 million to resolve criminal and civil allegations in the United States and in the United Kingdom that they paid kickbacks to doctors in Greece,... Read More

The Mummy and Internal Controls in Locations Outside the US – Part III
Posted on 17 Oct 2014 by Thomas Fox

Today we celebrate Hammer Film’s version of The Mummy . This was the first film that the Hammer studios made under a license agreement with Universal Pictures, the holder of the copyright of its classic monsters from the 1930s and 1940s. This version... Read More

A Focus On World-Wide Coin
Posted on 14 Feb 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor The SEC's administrative order ( here ) in the December 2012 Allianz enforcement action cited SEC v. World-Wide Coin Investments , 567 F.Supp. 724 (N.D. Ga. 1983) [ an enhanced version... Read More

Las Vegas Sands Reporting – Not The Media’s Finest FCPA Moment
Posted on 6 Mar 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Las Vegas Sands has been the subject of much FCPA scrutiny since October 2010 when Steven Jacobs (the former President of the company's Macau operations) filed a civil cause against... Read More

  • Blog Post: 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...
  • Blog Post: FCPA Lessons Learned-Failures in Internal Controls

    We often write and speak on some of the lesson learned from enforcement actions brought by the Department of Justice (DOJ) under the Foreign Corrupt Practices Act (FCPA). We believe that companies can not only learn from the mistakes of others in implementing or enhancing their compliance program...
  • Blog Post: Johnson & Johnson, DePuy Pay $76.9M To Settle Foreign Bribery Claims

    (Mealey's) - Johnson & Johnson (J&J) and subsidiary DePuy International Ltd. will pay $76.9 million to resolve criminal and civil allegations in the United States and in the United Kingdom that they paid kickbacks to doctors in Greece, Poland, Romania and Iraq to use the companies'...
  • Blog Post: Johnson & Johnson Deferred Prosecution Agreement-Part II: Compliance Program Best Practices

    Yesterday we reviewed the background facts of the Johnson & Johnson (J&J) Deferred Prosecution Agreement (DPA) and the issue of self-reporting. In this posting we will review some of specific compliance program best practices which Johnson & Johnson agreed to implement. I. Attachment...
  • Blog Post: Johnson & Johnson Becomes the Newest Member of the FCPA Top 10 Settlements List

    Current trends in FCPA enforcement are evident in the latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. , (D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve the case with DOJ and the SEC the company...
  • Blog Post: Fancy a Brew? Internal Controls under the UK Bribery Act

    My colleague Henry Mixon of Mixon Consulting has an interesting observation regarding internal controls under the UK Bribery Act. Unlike the Foreign Corrupt Practices Act (FCPA), the Bribery Act does not have a books and records component written into the law. However, even without this books and...
  • Blog Post: McNulty’s Maxims, the Deepwater Horizon and FCPA Internal Controls

    I often write about what I call Paul McNulty's three maxims of a Foreign Corrupt Practices Act (FCPA) compliance program: 1) What did you do to prevent it?; 2) What did you do to detect it?; and 3) What did you do to remedy it? I had generally thought that the internal controls component of a...
  • Blog Post: Morgan Stanley Goes One for One with a Best Practices Compliance Program

    On Monday night, Houston Astros manager Brad Mills went to the mound five times to change pitchers against five straight New York Mets batters. This set the Astros twitter community literally 'a-twitter' as it was noted that, according to the Elias Sports Bureau, the "Astros became the...
  • Blog Post: A Focus On World-Wide Coin

    This article was reprinted with permission from FCPA Professor The SEC's administrative order ( here ) in the December 2012 Allianz enforcement action cited SEC v. World-Wide Coin Investments , 567 F.Supp. 724 (N.D. Ga. 1983) [ an enhanced version of this opinion is available to lexis.com subscribers...
  • Blog Post: Las Vegas Sands Reporting – Not The Media’s Finest FCPA Moment

    This article was reprinted with permission from FCPA Professor Las Vegas Sands has been the subject of much FCPA scrutiny since October 2010 when Steven Jacobs (the former President of the company's Macau operations) filed a civil cause against the company in Nevada State court alleging various...
  • Blog Post: Board of Directors and FCPA Oversight – An Internal Control Under SOX, Part I

    Today we begin by honoring the political process and a politician extraordinaire. In September of 1836, Sam Houston was elected as the first President of the Republic of Texas. One of the most interesting characters from the early-to-mid-19 th century, Houston was born in Virginia in 1793, moved with...
  • Blog Post: Board of Directors and FCPA Oversight – An Internal Control Under SOX, Part II

    In Part I of this two-part post regarding a Board of Director’s Role in Foreign Corrupt Practices Act (FCPA) oversight from the internal controls perspective, I reviewed how a Board might have independent liability for its failure to act as an appropriate internal control as required by Sarbanes...
  • Blog Post: Lessons from GSK in China – Internal Controls, Auditing and Monitoring

    One of the great things about writing your own blog is that sometimes you can get going on a subject and just explore it. While I think I might sometimes get carried away when I delve into a topic, I certainly learn much while doing so. This week appears to be such a situation where in studying and researching...
  • Blog Post: The Horror of Dracula and Internal Controls in International Locations, Part I

    This Friday we celebrate the second in the Hammer Films horror series, which was actually its first offering, based on Count Dracula, entitled “ Horror of Dracula ”. It starred the famous Hammer Films horror movie two-some of Peter Cushing as Professor Van Helsing and Christopher Lee as Count...
  • Blog Post: Steve Bartman and Internal Controls Outside the US, Part II

    Today, we note that 11 years ago, Steve Bartman entered the Chicago Cubs Hall of Infamy. For every baseball fan, if there was ever a but for the grace of God, go thee moment the sad saga of Bartman is it. The Chicago Cubs, who at that point had not played in World Series appearance in 58 years were five...
  • Blog Post: The Mummy and Internal Controls in Locations Outside the US – Part III

    Today we celebrate Hammer Film’s version of The Mummy . This was the first film that the Hammer studios made under a license agreement with Universal Pictures, the holder of the copyright of its classic monsters from the 1930s and 1940s. This version starred the duo of Peter Cushing and Christopher...
  • Blog Post: Welcome to COSO and the World of Internal Controls – Part I

    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 has significant implications for the Chief Compliance...
  • Blog Post: The SEC Frequently Alleges or Finds Only Books and Records and Internal Controls Violations in FCPA Enforcement Actions

    This article was reprinted with permission from FCPA Professor This recent post highlighted critical commentary regarding the recent BHP Billiton enforcement action. One theme from much of the commentary was that the BHP action was somehow unique in charging (or finding as the case may be since...
  • Blog Post: Next Up – Bristol-Myers

    This article was reprinted with permission from FCPA Professor First it was Johnson & Johnson (see here – $70 million enforcement action in April 2011). Then it was Smith & Nephew (see here - $22 million enforcement action in February 2012). Then it was Biomet (see here –...