LexisNexis® Legal Newsroom
We Really Ought to Pause and Reflect

This article was reprinted with permission from FCPA Professor As noted in this prior post, in October 2010 Judge Jackson Kiser (W.D. Va.) sentenced Bobby Elkin Jr. Elkin (the former Country Manager for tobacco company Dimon International Kyrgyzstan) pleaded guilty to a one count criminal information...

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Show Me the Money – Employee Compensation to Prevent Bribery and Corruption

The GlaxoSmithKline PLC (GSK) matter continues to resonate across the compliance world. Ongoing news releases by the company and announcements from named and un-named sources on the underlying facts continue to generate press worldwide. But there are also several important lessons to be learned from...

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Transparency International’s Progress Report

This article was reprinted with permission from FCPA Professor Transparency International (TI) does good work in raising awareness of bribery and its effects and seeking to reduce bribery and corruption around the world. Yet, every time I read TI’s annual progress report on OECD Anti-Bribery...

Money tender

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Secretary of State Kerry Gets It Right

This article was reprinted with permission from FCPA Professor Secretary of State John Kerry got it right recently when he linked trade barriers and other distortions to – among other things – corruption. Speaking to American Chamber of Commerce participants in Poland, Secretary of...

The Guidance One Year Later

This article was reprinted with permission from FCPA Professor One year ago today, the DOJ and SEC released FCPA Guidance. (See here for the Guidance and here for the Guidance press conference). To say that the Guidance was long-awaited is an understatement. In 1988, Congress encouraged the...

The 100th Edition: Friday FCPA Roundup for Week Ending Nov. 15

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, a first, blunt, and quotable. It’s all here in this – the 100th edition - of the Friday roundup. [I hope the Friday roundup is a value added end to your work week. The Friday roundup alone represents...

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Financial fraud word cloud

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Fraud

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bribery; corruption; FCPA; bribe; corrupt; payoff; pay-to-play

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Corruption in Turkey and Integrating Your Risk Assessment

One of the more public and ongoing corruption scandals in the world right now seems to be happening in Turkey. To say the events and facts are confused is an understatement. At this point there are not any international players who have been implicated but given the breadth and scope of what has come...

The Sussex Vampyre and the ADM FCPA Settlement

Today I want to use the story of The Sussex Vampyre as the starting point for an inquiry into the recent Archer-Daniels-Midland Corp (ADM) Foreign Corrupt Practices Act (FCPA) enforcement action. In the story, Holmes receives a letter from Robert Ferguson, who has become convinced that his second wife...

Marubeni FCPA Enforcement Action Specifics

This article was reprinted with permission from FCPA Professor A post last week mentioned the $88 million Foreign Corrupt Practices Act enforcement action (the 12th largest of all-time in terms of settlement amount) against Marubeni (a Japanese company). In 2012, Marubeni resolved a $55 million FCPA...

Common Sense in the Definition of ‘Instrumentality’ Under the FCPA

In what can only be called a judicial decision based on common sense the 11 th Circuit Court of Appeals, in an opinion released on May 16, upheld the convictions of Joel Esquenazi and Carlos Rodriguez for violations of the Foreign Corrupt Practices Act (FCPA) and certain US anti-money laundering (AML...