Recent Posts

And Then There Was One-the Updated Box Score of FCPA Settlements from the Nigerian Bribery Scandal
Posted on 9 Jul 2010 by Thomas Fox

Both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced the agreement by the Dutch company, Snamprogetti Netherlands BV, (Snamprogetti) to pay a $240 million criminal penalty to the DOJ to resolve charges related... Read More

Use of Specialized Counsel in a FCPA Investigation
Posted on 25 Oct 2010 by Thomas Fox

In an article entitled, " Risks and Rewards of an Independent Investigation " in the October 2010 issue of the ACCDocket , authors James McGrath and David Hildebrandt discuss the use of specialized outside counsel to lead an independent internal... Read More

The Fraud Guy and Corporate Monitors under the FCPA
Posted on 21 Dec 2010 by Thomas Fox

Most compliance practitioners are aware of the use of corporate monitors. There are many benefits to the use of a corporate monitor for a company coming out of a lengthy Foreign Corrupt Practices Act (FCPA) investigation. Some of these benefits can include... Read More

The End of the FCPA Facilitation Payment Exception?
Posted on 12 Nov 2010 by Thomas Fox

In November, 2009 the Organization for Economic and Co-operation and Development (OECD) announced a new recommendation at the OECD's celebration of "International Anti-Corruption Day" and the Tenth Anniversary of the " Entry into... Read More

Top 3 FCPA Cases of 2010-Part III HP and (Lots of) Red Flags
Posted on 19 Jul 2010 by Thomas Fox

This article concludes our series on what we believe to be the Top 3 Foreign Corrupt Practices Act (FCPA) cases in the first half of 2010. We have reviewed the facts surrounding each matter to come up with lessons that the FCPA compliance professional... Read More

Questions, Questions and More Questions: Foreign Courts and the FCPA
Posted on 4 Jan 2011 by Thomas Fox

Inspired by our colleague, the FCPA Professor , this post will pose several questions regarding the Foreign Corrupt Practices Act (FCPA) in connection with one of the most Byzantine litigation matters of current renown, that being Chevron's legal... Read More

FCPA Training: How to “Resist” a Solicitation for a Bribe
Posted on 13 Aug 2010 by Thomas Fox

At most Foreign Corrupt Practices Act (FCPA) compliance and ethics training sessions there is usually one or more archetypal story about "someone I know" who was solicited to pay a bribe or "I heard about someone" from whom a bribe... Read More

Suspension of FCPA in NOT the Solution
Posted on 6 Apr 2010 by Thomas Fox

Should enforcement of the Foreign Corrupt Practices Act (FCPA) be suspended for those US companies now working in Haiti? This topic has been in discussion for a few weeks. It began with a statement by Wall Street Journal editorial board member Mary... Read More

Fraud Investigation and the UK Bribery Act
Posted on 29 Oct 2010 by Thomas Fox

We were recently introduced to Fraud Examiner Expert Tracy Coenen , in her book " Expert Fraud Investigation: A Step-By-Step Guide " she details the steps a company should go through in performing a fraud investigation. Coenen provides the... Read More

Who Will Have the Better Season?
Posted on 23 Apr 2010 by Thomas Fox

The baseball season is upon us and the Houston Astros have opened with their worst start since 1983. At 3-9, things may be looking a bit bleak for the hometown heroes. However several sportswriters have pointed out that the 1983 team ended up with... Read More

Changes Coming: US Sentencing Guidelines, UK Bribery Bill & OECD on Facilitation Payments-Part I
Posted on 19 Apr 2010 by Thomas Fox

At its April 7, 2010 meeting the United States Sentencing Commission approved amendments to its Sentencing Guidelines . The next day on April 8, 2010, the UK Bribery Bill received Royal Assent. These two events follow the December 9, 2009 release... Read More

More Than Just the FCPA and Bribery Act – The Local Battle Against Corruption
Posted on 6 Jan 2011 by Thomas Fox

Many Foreign Corrupt Practices Act (FPCA) and UK Bribery Act practitioners are well aware of the oratory of the US and UK governments on the evils of bribery and corruption. However, such a fight is not just being made by the US Department of Justice... Read More

Oversight Committee and Management of Foreign Business Partners
Posted on 29 Apr 2010 by Thomas Fox

We have previously blogged on the various stages of the relationship that a US company would travel through with a Foreign Business Partner, from the pre-relationship due diligence to the post-contract execution management. (See Here , Here and... Read More

FCPA Reporting-To Whom Does Your CCO Report?
Posted on 16 Jun 2010 by Thomas Fox

There is an ongoing debate in the compliance arena as to whom a Chief Compliance Officer (CCO) should report. Should the CCO report to the Board of Directors or appropriate Board committee such as an Audit Committee or Compliance Committee? Or can... Read More

This Week in Securities Litigation (June 4, 2010)
Posted on 4 Jun 2010 by Thomas O. Gorman

SEC enforcement this week brought another SOX claw back case, as well as actions alleging financial fraud and another investment fund case. DOJ dropped their appeals in the two Broadcom criminal option backdating cases which were dismissed for prosecutorial... Read More