One of the areas which is universally listed as a
component of a best practices compliance policy under the Foreign
Corrupt Practices Act (FCPA), UK Bribery Act and OECD Good Practices is that of
a written compliance code. However this is not an area that most compliance
practitioners spend much...
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
We recently wrote, and provided a list of examples, Red
Flags in the anti-corruption, anti-bribery, anti-money laundering context and
in the area of international economic sanctions. As we indicated, we do
not believe that the mere presence of a Red Flag means that a transaction is
violative of the...
On April 8, 2011, the Wall Street
Journal (WSJ) reported that Johnson & Johnson settled certain charges
related to violations of the Foreign Corrupt Practices Act (FCPA) with the
Department of Justice (DOJ) and Securities and Exchange Commission (SEC). The
settlement was in the mechanism of a...
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
International Corruptions Perceptions Index with scores of
The House Judiciary Committee will hold hearings Tuesday
on the Foreign Corrupt Practices Act. At this point the Witness List as set
forth on the Committee's website is as follows:
Former Attorney General
Debevoise & Plimpton LLP...
reported by the FCPA
Blog , Corruption
Currents in the Wall
Street Journal and numerous
others , on July 13, 2011, Armor Holdings Inc., entered into a
Non-Prosecution Agreement (NPA) with the Department of Justice (DOJ) to pay a
$10.29 million penalty to resolve violations of the Foreign Corrupt...
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...
In an article in the September issue of the ACC
Docket , entitled " Swarm Ethics ", author James Nortz discusses a
technique to improve decision making in "circumstances that present complex
moral questions" which he designates as 'swarm ethics'. He uses this term to
In a story in the D&O
Diary , entitled " More
Woes for Companies with Chinese Connections ", Kevin LaCroix discussed
the settlement reached by the entity SciClone Pharmaceuticals, and its
individual defendant directors and officers, in litigation involving three
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
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...
In a January 29, 2012 editorial in the New York Times (NYT),
entitled " Made
in the World ", columnist Thomas Friedman wrote about the end of
'outsourcing'; his thesis being the "world is now so integrated that there is
no "out" and no "in" anymore. In their...
Last week I attended the 2012 Global Ethics Summit hosted
by Ethisphere. The first event was a conversation between Mark Mendelsohn and
Brackett Denniston, Senior Vice President and General Counsel of General
Electric (GE). They both had some interesting observations on the current state
In every crisis there is an opportunity. This was
presented, perhaps less starkly, in an article in the spring 2012 Issue of the MIT Sloan Management Review ,
entitled " Achieving
Successful Strategic Transformation " , by authors Gerry Johnson,
George S. Yip and Manual Hensmans, "Happy...
This article was reprinted with permission
from FCPA Professor
Citing to certain of my prior scholarship ( here and here ) and
other writings, and otherwise highlighting certain issues that have
been frequently highlighted on this site for a long time, the Manhattan
Institute for Policy Research...