Today's post is Part II in our two-part series of how the
Department of Justice (DOJ) looks at compliance programs during the pendency of
an enforcement action. Today we will review how a prosecutor may review the
existence and effectiveness of...
The last few years, however,
have seen a dramatic and deliberate increase in the number of FCPA cases
brought against individuals. As part of its effort to deter individual
misconduct, the government has urged courts to impose significant prison
As almost everyone knows, Lance Armstrong spoke for the
first time about his performance enhancing drug (PED) use recently on Oprah. On
the first night he admitted for the first time that he used PEDs during his
seven wins at the Tour De France. The...
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...
The compliance world is ever expanding and a
corporation's response to compliance must be ever more sophisticated. Noted
Compliance Expert Howard
Sklar , author of the Open Air Blog, has spoken of "compliance convergence"
or the merging...
Since late last year, reports have been circulating that
the U.S. government is investigating whether drug companies paid bribes
overseas to increase sales and to obtain regulatory approvals. Some firms have
now announced that they have reached settlements...
Last week Assistant Attorney General Leslie R. Caldwell spoke at the SIFMA Compliance and Legal Society New York Regional Seminar. In this speech she discussed the new Department of Justice (DOJ) Compliance Counsel. While emphatically noting that this...
For some time now I have wanted to write about who I read
and why, so in honor of April 15, I thought it might be a good idea to list 15
favorite blog sites. Below is a list of my favorites and as this blog provides
my spin on all things related to...
Ethical leadership is absolutely mandatory to have a successful compliance program, whether it is based upon the US Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act. Senior management must not only be committed to doing business in compliance...
Today we channel Sergio Leone and Clint Eastwood in the
context of the compliance assessment, which has been something that has evolved
into a key component of a minimum best practices Foreign Corrupt
Practices Act (FCPA) compliance program over the...
This article was reprinted with permission
from FCPA Professor
[This post is part of a periodic series
regarding "old" FCPA enforcement actions]
In 1986 the SEC brought this civil
injunctive action against Ashland Oil, Inc. (a Kentucky...
Your company has just made its largest acquisition ever and your Chief Executive Officer (CEO) says that he wants you to have a compliance post-acquisition integration plan on his desk in one week. Where do you begin? Of course you think about the recently...
As The Clash sang, London Calling , and
the London Olympics are now less than
100 days away. One of the areas which has generated the greatest amount of
hyperbole is over corporate hospitality at the upcoming 2012 summer Games.
There has been rampant...
In the February 10, 2012 edition of the Houston Business
Journal, in an article entitled " In order to solve a problem, it must first
be identified ", author Harvey Mackay wrote "People don't usually buy
products and services. They...
Who was Jeannette Rankin and why do we celebrate her
today in the context of ethics and compliance? She was the first female to be
elected to Congress, as a Representative from Montana in the 1916 elections. In
1917 she was one of 50 votes opposing...
The baseball season is nearly 40% complete and there are already several surprises. At least in the National League (NL) two of the biggest surprises are that the Washington Nationals are leading the NL East while the five time division champions Philadelphia...
As of today, the Houston Astros (at 2-1) are above .500
in wins and losses for the first time since July 2009. So we celebrate that
most important of baseball metrics, the wins and losses.
One of the joys of baseball is the almost innumerable
In an article in the June 2 edition of the Wall Street Journal (WSJ) author Rich Cohen previewed his upcoming book, " The Fish That Ate the Whale: The Life and Times of America's Banana King ", which is about Samuel Zemurray, but known to...
This article was reprinted with permission from FCPA
February's issue of the month is the statute of
limitations in SEC enforcement actions.
28 U.S.C. 2462 provides as follows.
"Except as otherwise provided by Act of Congress...
An article in the September, 2011 issue of Compliance Week , entitled, " How
Tyco Turned Around Third-Party Risk Program " by author Karen Kroll,
reported on the program initiated and developed by Tyco International, assisted
Today I conclude my exploration of the article in the summer 2013 issue of the MIT Sloan Management Review, entitled “ Designing Trustworthy Organizations ”, by the quartet of authors: Robert F. Hurley, Nicole Gillespie, Donald L. Ferrin and...
On May 25, 1961 President John F. Kennedy told a special joint session of Congress: "I believe this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the moon and returning him safely to Earth."...
Transparency International (TI) recently released a
consultation draft of its White Paper entitled " Anti-Bribery Guidance for
Transactions ". In Part I we discussed the risks to companies involved in
international mergers and acquisitions...
In This Issue:
Technip Enters into DPA with DOJ, Pays $338 Million
Department of Justice Guidance on Company Disputes with
First DOJ FCPA Opinion Procedure Release in 2010
Financial Reform Bill Compensates Whistleblowers...
Last summer, an article was published in the University of Pennsylvania, Journal of Business Law , entitled " The OECD's Call for an End to the 'Corrosive' Facilitation Payments and the International Focus on the Facilitation Payments...