The task of where to begin a full compliance and ethics
program can often times appear quite daunting. Most US companies fully
understand the need to comply with the Foreign Corrupt Practices Act (FCPA).
However most companies are not created out of new cloth but are ongoing
enterprises with a fully...
FCPA enforcement has been marked by the aggressive
approach adopted in recent years by The Department of Justice and the SEC. As
Acting Deputy Assistant Attorney General Greg Andres told a Senate Committee
this week "over approximately the last two years, we have substantially
At the " Examining Enforcement of the
Foreign Corrupt Practices Act " hearings on November 30, 2010, before
the US Senate Judiciary Committee ,
Subcommittee on Crime and Drugs, Michael Volkov presented an interesting idea
which he believes will maximize incentives for companies to comply...
In a webinar on December 2, 2010, Michael Volkov, partner
in the law firm of Mayer Brown and Ryan Morgan, Sales and Alliance Director of
World Compliance, discussed the implications of the Foreign Corrupt Practices
Act (FCPA) to mergers and acquisition.
They advise that businesses which seek to...
Here's a tip for potential Foreign
Corrupt Practices Act whistleblowers: travel expenses clearly fall within
A FCPA whistleblower is often
an employee or insider who often times assumes incorrectly that a bribe only
constitutes a violation of the FCPA if actual cash changes...
At what the FCPA
Blog termed "an unprecedented investigation into the Department of
Justice's (DOJ) enforcement of the Foreign Corrupt Practices Act (FCPA)", on
November 30, 2010, at a hearing entitled the " Examining Enforcement of the
Foreign Corrupt Practices Act " before...
We conclude our blog this year with some of our favorite Foreign Corrupt Practices Act (FCPA) issues that have arisen or were discussed in 2010. The following list is not exhaustive but is designed to supplement our prior posts on our top enforcement actions and investigations from 2010 with other issues...
In a Wall
Street Journal (WSJ) article on December 22, 2010 by Joe Palazzolo, he
reported that the Securities and Exchange Commission (SEC) is investigating
Europe's largest insurer, Allianz SE, for possible bribery by a German printing
press company in which it holds majority stake. Palazzolo...
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 tangle in Ecuador. Most companies which do business...
The Foreign Corrupt Practices Act (FCPA) applies to all
US companies and individuals which conduct business overseas. FPCA practitioners
recognize there are two components: (1) the anti-bribery component, handled by
the Department of Justice (DOJ) and (2) the books and records components,
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 and the UK Serious Fraud Office, there are
One of the key goals of any Foreign Corrupt Practices Act
(FCPA) compliance program is to train company employees in awareness and
understanding of the FCPA; your specific company compliance program; and to
create and foster a culture of compliance. The testing and evaluation of your
The experts have spoken and the Astros are a 75-1 long
shot to win the World Series. But that is just what the experts predict and as
we are 3 weeks away from pitchers and catchers reporting for Spring Training I
prefer to take the pink cloud approach, that at least as of now, the Astros
In a Wall Street Journal article on January 27, 2011
entitled " What's
Behind China's Reverse IPOs ?", reporter Joseph Sternberg wrote that several
Chinese companies were under investigation by the Securities and Exchange
Commission (SEC) for "accounting irregularities"...
I. The Problem
The Foreign Corrupt Practices Act (FCPA) world is
littered with cases involving freight forwarders, brokers and agents in the
shipping and express delivery arena. Both the Department of Justice (DOJ) and
Securities and Exchange Commission (SEC) have aggressively pursued third party...
All compliance programs are designed to prevent, detect
and deter ethical violations. In the United States, they are also designed to
bring companies into compliance with the Foreign Corrupt Practices Act (FCPA).
However, as important as these programs are, it is equally important for a
In yesterday's blog we explored the question of whether a
company should self-report a potential FCPA violation to the pertinent US
governmental authorities. Today, conclude our two-part series by exploring
three issues: (1) What should you disclose; (2) How/When Should you Disclose;
We believe that Risk Assessment is a tool and is one with
which a company should begin to craft its Foreign Corrupt Practices (FCPA) or
UK Bribery Act compliance program. The simple reason is straightforward; one
cannot define, plan for, or design an effective compliance program to prevent
We believe that a key component of managing foreign
business partners, including vendors in the Supply Chain under the Foreign
Corrupt Practices Act (FCPA), is the right to audit. While others have
indicated that they feel such a right is not a key component, one thing we all
agree on is that if...
In an article in the January/February issue of the ACC Docket , entitled " Guilt
by Association: Transnational Joint Ventures and the FCPA " [membership required]; Dennis Haist , General
Counsel of The Steele Foundation
(Steele) discussed some of the risks US companies can encounter under...
In our most recent
post , we wrote about an article by Dennis Haist , General
Counsel of the Steele Foundation ,
which recently appeared in the ACC
Docket . The article was entitled, " Guilt by Association:
Transnational Joint Ventures and the FCPA " [ACC membership required]. In our...
We recently came across an article entitled, " Coordinating
Investigations Between US Companies and their Subsidiaries or Suppliers
Overseas ", by two Jones Day
Edwards and Gillian
Garrett . While not strictly focused on investigations of FCPA matters,
As was initially reported by the FCPA
Professor , lawyers for four of the individual defendants who are former
executives of the Orange County, California-based valve company, Control
Components Inc. have filed a Motion to Dismiss the DOJ's case. The basis of
this defense, that their actions...
The prognosticators have now spoken (yet again) and
decreed that the Houston Astros will be this year's worst team in baseball. We
are well into the first week of Spring Training and the Houston
Chronicle has reported that Baseball Prospectus has predicted only 67 wins
for the hometown heroes...
Yesterday we participated in a workshop at the 2011 SCCE Utilities &
Energy Compliance and Ethics Conference with Scott Lane, President of the Red Flag Group . In his presentation, he
discussed a White Paper that he and his colleague James Walton recently
released entitled, " Best