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Issues to Consider From the Louis Berger Enforcement Action

This article was reprinted with permission from FCPA Professor This recent post highlighted the DOJ FCPA enforcement action against Louis Berger International (LBI) and two former employees. This post continues the analysis by highlighting various issues to consider from the enforcement action...

Friday FCPA Roundup for Week Ending July 31

This article was reprinted with permission from FCPA Professor Scrutiny alerts, noisy exit, double standard, quotable and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts FIFA-Related As predicted in this May post about the FIFA-related enforcement action...

Friday FCPA Roundup for Week Ending August 7

This article was reprinted with permission from FCPA Professor Nominate, scrutiny alerts and updates, and is it asking too much for the enforcement agencies to get the law right. It’s all here in the Friday roundup. Nominate As highlighted here , last month marked the six year anniversary...

The Difficulties of Compliance

This article was reprinted with permission from FCPA Professor In the minds of some, compliance with the Foreign Corrupt Practices Act or other similar laws is simple: you just don’t bribe. As highlighted in this prior post such a simplistic position is entirely off-target. Indeed what I...

Cymbeline – Doing Virtue and FCPA Compliance

Commentators still level the hue and cry that it is somehow the fault of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) that companies continue to violate the Foreign Corrupt Practices Act (FCPA). Things would improve if only the DOJ and SEC would (1) prosecute companies...

Friday FCPA Roundup for Week Ending August 21

This article was reprinted with permission from FCPA Professor Wal-Mart related, quotable, spot-on, scrutiny alerts and updates and prosecutorial common law defeat. It’s all here in the Friday roundup. Wal-Mart Related In its recent 2Q FY2016 earnings call Wal-Mart stated: “FCPA...

Do You Now Understand Why the Meaning of “Foreign Official” Matters?

This article was reprinted with permission from FCPA Professor For some time, certain people have been confused, perplexed etc. as to why the meaning of “foreign official” in the FCPA’s anti-bribery provisions matters. In connection with the June 2011 Foreign Corrupt Practices...

The Mini Cooper and Project Execution in Compliance

The price of oil hovers near $40 per barrel. There are all manner of responses suggested to this drop from nearly $100 per barrel just a short time ago. Yet the price of oil has long been much more than a political conversation, sometimes it leads to innovation. Today we celebrate the birth of the British...

Front-Line Interview Episode 1: Alison Taylor, How Organizations Impact Corruption

(Please visit the site to view this video) In the launch of a new video series, Front-Line Interviews, I engage with Alison Taylor, Director of Energy and Extractives at BSR (Business for Social Responsibility). I first became aware of Alison’s work via a Forbes article she authored “Compliance...

Friday FCPA Roundup for Week Ending August 28

This article was reprinted with permission from FCPA Professor The latest edition of the double standard, survey says, when the dust settles, and for the reading stack. It’s all here in the Friday roundup. Double Standard An individual currently holds political office in one unit of government...

Friday FCPA Roundup for Week Ending September 4

This article was reprinted with permission from FCPA Professor Vote, motion for reconsideration, and for the reading stack. It’s all here in the Friday roundup. Vote FCPA Professor has been selected as one of the best legal blogs by the Expert Institute. If FCPA Professor adds value to...

Cartoons, Crime and Compliance

The full animation of “Why We Say Yes,” is now available on Richard Bistrong’s Front-Line Perspective on FCPA, Anti-Bribery and Compliance . As a companion guide, here is Richard’s interview with Nicole Rose ( email ), creative founder and CEO of Create Training and The Centre...

Friday FCPA Roundup for Week Ending September 18

This article was reprinted with permission from FCPA Professor DOJ compliance counsel identified, additional lenient PetroTiger exec sentences, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. DOJ Compliance Counsel As highlighted in this previous...

Where Does the Truth Lie?

This article was reprinted with permission from FCPA Professor If the DOJ and/or SEC make allegations in a Foreign Corrupt Practices Act enforcement action, and a risk averse corporation agrees to resolve the enforcement action in the absence of judicial scrutiny, does that mean the allegations are...

Friday FCPA Roundup for Week Ending September 25

This article was reprinted with permission from FCPA Professor More on the Yates Memo, scrutiny alerts, survey says, and FCPA reform. It’s all here in the Friday roundup. More on the Yates Memo Once again a private company has marketed a public official to drive attendance to its paid...

Friday FCPA Roundup for Week Ending October 9

This article was reprinted with permission from FCPA Professor Alleged bribery at the U.N., former Siemens exec pleads guilty to long-standing charges, scrutiny alerts and updates, quotable, and for the reading stack. It’s all here in the Friday roundup. Alleged Bribery at the United Nations...

Compliance at the Tipping Point, Part II – New DOJ Compliance Counsel

The second tipping point for compliance which has occurred over the last 30 days or so is the information which has leaked out that the Department of Justice (DOJ) is in the process of hiring an outside advisor to provide to the Foreign Corrupt Practices Act (FCPA) unit an additional perspective on best...

Wall Street Journal Pulls a Nana Nana Boo Boo on the New York Times Walmart Reporting

This article was reprinted with permission from FCPA Professor On Monday, the Wall Street Journal published this page one article titled “Wal-Mart Bribery Probe Finds Few Signs of Major Misconduct in Mexico” about the company’s long-standing Foreign Corrupt Practices Act scrutiny...

Compliance Connected – Line of Sight, Part II

Today I continue my exploration of the line of sight theory under which a Chief Compliance Officer (CCO) or compliance practitioner would have visibility across the lifecycle of a sales transaction so they could move from Detect to Prevent to Prescription in a best practices Foreign Corrupt Practices...

Whom Should You Suspend During an Internal FCPA Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to reverberate, it continues to bring up some very knotty questions, which have...

Good-Bye to Maureen O’Hara and How to Drive Compliance Into the DNA of Your Company

Maureen O’Hara died this week. To anyone who has ever watched The Quiet Man on St. Patrick’s Day, she will always be known as Mary Kate Danaher, who was pursued and eventually wed by John Wayne. Testament to the fiery character she often played, O’Hara refuses to consummate her marriage...

Friday FCPA Roundup for Week Ending October 30

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, civil litigation updates, SEC enforcement statistics, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Millicom The telecom and media company headquartered...

The Pressing Need for Diligence in the FCPA Space

This article was reprinted with permission from FCPA Professor In running FCPA Professor for over six years, I literally search for FCPA content every day. There is a lot of good stuff out there that is frequently highlighted on these pages. There is also a lot of not so good stuff out there and...

Enforcement Officials Speak on Compliance and Individual Accountability

This article was reprinted with permission from FCPA Professor This post summarizes two recent speeches by DOJ/SEC enforcement officials that touched upon topics relevant to Foreign Corrupt Practices Act enforcement. In the first speech , Assistant Attorney General Leslie Caldwell, speaking at...

Friday FCPA Roundup for Week Ending November 13

This article was reprinted with permission from FCPA Professor A plethora of scrutiny alerts and updates, dismissed, quotable, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Crawford & Company The company, a “provider of claims...