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FCPA and Bribery Act Best Practices- Written Compliance Policies and Procedures

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...

FCPA Lessons Learned-Failures in Internal Controls

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 program...

The Use of Audit Analytics in a Best Practices FCPA Compliance Program

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...

Johnson & Johnson Deferred Prosecution Agreement-Part I: Self-Disclosure Reduces Fine

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...

We’re No. 1: What Level of Due Diligence Should You Perform?

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 the Transparency International Corruptions Perceptions Index with scores of 2010-9.3...

Recent DPAs Provide Guidance on FCPA Compliance Best Practices

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: Hon. Michael Mukasey Former Attorney General Partner Debevoise & Plimpton LLP...

Best Practices During an FCPA Enforcement Action: The Armor Holdings NPA

As 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...

Due Diligence, Due Diligence and More Due Diligence

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...

How to Engage the Business Unit: Another Perspective-Swarm Ethics

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 set...

SciClone FCPA Lawsuit Settlement: New Enhanced Best Practices?

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 consolidated derivative...

Evaluating Integration of the Compliance Function in Pre-Acquisition Due Diligence

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 inherent...

McNulty’s Maxims, the Deepwater Horizon and FCPA Internal Controls

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...

Third Party Checkup

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...

Mendelsohn and Denniston: A Compliance Dialogue

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 of Foreign...

Wal-Mart and the Strategic Transformation of a Compliance Culture

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...

The Manhattan Institute Joins the FCPA Reform Conversation

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...