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The IBM Case: FCPA Compliance Programs And Internal Controls

There was Congressional testimony last fall to consider possible modifications to the Foreign Corrupt Practices Act. In part the testimony focused on the issue of FCPA compliance procedures as a defense for a business organization. Under current practice those procedures are not a defense but mitigation...

Internal Controls under the UK Bribery Act and FCPA

Although much is still unclear about the implementation date, or the manner in which the UK Bribery Act will be enforced, it is clear that one of the important compliance functions which a company should implement is appropriate internal controls. The previously released Consultative Guidance had...

BuckleySandler LLP: U.K. Ministry of Justice Publishes Guidance on "Adequate Procedures" Defense Under U.K. Bribery Act

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here . On March 30, the U.K. Ministry of Justice published long-awaited Guidance on the implementation of Section 7 of the...

Fancy a Brew? Internal Controls under the UK Bribery Act

My colleague Henry Mixon of Mixon Consulting has an interesting observation regarding internal controls under the UK Bribery Act. Unlike the Foreign Corrupt Practices Act (FCPA), the Bribery Act does not have a books and records component written into the law. However, even without this books and...

This Week in the FCPA # 3 (May 17, 2011) by Thomas Fox & Howard Sklar

Thomas Fox and Howard Sklar continue a previous discussion of the UK Bribery Act and also talk about the Lindsey Manufacturing case, the latest SAR Activity Review featuring foreign corruption, and other FCPA-related topics. (Please visit the site to view this video) Watch previous episodes...

Adam Greaves of McGuireWoods London Discusses the U.K. Bribery Act

On this edition, Adam Greaves, partner in the London office of McGuireWoods, discusses the U.K. Bribery Act, which goes into force on July 1, 2011. Mr. Greaves explains how the Act will apply to non-U.K. companies, reviews some of the principle offenses and penalties, and details the "adequate procedures"...

This Week in the FCPA # 7 (June 13, 2011) by Thomas Fox & Howard Sklar

In this episode, Thomas Fox and Howard Sklar discuss the following topics: 1. Africa Sting Case Victory (or Defeat, depending on your viewpoint) 2. SEC goes after Goldman 3. Lockheed Martin complies with the UK Bribery Act 4. Another company discloses an FCPA investigation (Please visit the...

Corruption and Twitter

"If someone is being hit for a bribe, isn't the easiest thing just to put it on Twitter? It goes round the world in next to no time." Richard Alderman, head of the U.K.'s Serious Fraud Office, is apparently serious about Twitter . After self-congratulating themselves for organizing...

Letter from England: The Bribery Act Guys and the Act’s US Implications

Earlier this week I had the opportunity to sit down and lunch with Barry Vitou and Richard Kovalevsky, QC, authors of the website, thebriberyact.com . A great time was certainly had by all and, in honor of their website and the venue, I enjoyed a fine meal of fish and chips. The two are a great...

Preparing for the End of Facilitation Payments

In an article published in the July issue of the Compliance Week magazine, entitled " T he UK Bribery Act: How to Mitigate the Risks or Prosecution for Making Facilitation Payments ", authors Jonathan Feig and Richard Thomas discuss how companies can mitigate their risks of prosecution...

This Week in FCPA Episode # 17

Show Notes: Bridgestone settlement The 1st UK Bribery Act waste case. The Good: the government writes a great, well-written brief in the Siriwan case The Bad: Alcatel-Lucent. Add some facts, but Howard still comes out in the same place, and goes on another rant. The Ugly: Get some...

Fulbright: Foreign Investigations - A Case Study

View Media With the widely-reported increase in FCPA enforcement by the U.S. DOJ and SEC, and the new UK Bribery Act recently taking effect, corporations are increasingly required to conduct anti-bribery due diligence and investigations across the globe. Yet EU data privacy laws often seem to...

The Bribery Act and DPAs: Transparency is the Key

The debate now ongoing in the UK about whether Deferred Prosecution Agreements (DPA) should be a tool available to prosecutors in the Serious Fraud Office (SFO) and Crown Prosecutors is an important issue that should be well reasoned and thoroughly vetted. However, from where I sit in the US, I believe...

Final Jeopardy and July 1, 2011

It's Final Jeopardy and the category is "Compliance". As your company's Compliance Officer you are positively salivating at the prospect. So you go all in and bet everything you have on this last question. You stand abated as Host Alex Trebek poses the following question: "...

Risk Assessments under the UK Bribery Act

In the February 10, 2012 edition of the Houston Business Journal, in an article entitled " In order to solve a problem, it must first be identified ", author Harvey Mackay wrote "People don't usually buy products and services. They buy solutions to problems." He notes that...

To Give or Not To Give and If So How, Under the FCPA

To give or not to give? That is certainly a question but it may also include the question of the value of the gift. Under the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act gifts and entertainment continue to bedevil compliance practitioners, business unit personnel and compliance programs...

OECD Report on the SFO and the Bribery Act

The OECD Working Group On Bribery highlighted the efforts the UK in the anti-corruption area in a most recent report (here). That Report also contains a number of recommendations for future improvements. The Working Group concluded that the SFO and other relevant law enforcement agencies have significantly...

Small but Crucial Distinctions: Understanding the UK Bribery Act vs. the FCPA

"We are not the 'serious champagne office,' " said David Green , chief of the UK's Serious Fraud Office (SFO). But Green says he is working to focus his agency on bigger cases of bribery and corruption. Green's commitment , and the sweeping nature of the UK Bribery Act (UKBA...

Why Can’t We Be Friends? Compliance and HR

I have long been an advocate of the compliance function working with the Human Resources (HR) function in any company to help achieve greater compliance under anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act. I think that HR is uniquely situated to ' connect...

Reports Just In: Invasions from Mars and the UK Bribery Act

On this day 75 years ago Orson Welles caused a nationwide panic with his broadcast of “ War of the Worlds ” – a realistic radio dramatization of a Martian invasion of Earth. The show began on Sunday, October 30, at 8 pm. A voice announced: “The Columbia Broadcasting System and...

U.K. Serious Fraud Office Announces Corruption Charges Against Individual Well-Known in the Compliance Community

This article was reprinted with permission from FCPA Professor Talk about a head-scratching moment. If you are even an occasional attendee or participant of anti-bribery and corruption conferences you likely know or recognize Jean-Daniel Lainé who, prior to his retirement in April 2013,...

The Thrill is Gone: On the Intersection of CSR and the FCPA

Yes indeed the thrill is gone as BB King died last week. While I cannot aver he was the best bluesman ever -- as Keith Richards would, say that was Robert Johnson -- or he was even the greatest bluesman during my lifetime, as Muddy Waters lived until 1965, he was certainly the most well-known and prolific...

Time Out on Slamming the Brits

This article was reprinted with permission from FCPA Professor As highlighted in this recent report: “The [U.K.] Government is reviewing the Bribery Act after business leaders claimed it was making it difficult for British firms to export goods. The Business Secretary, Sajid Javid, is inviting...

The Success of “Soft Enforcement” in the U.K.

As distinguished from “hard” enforcement of a law by enforcement agencies, “soft” enforcement generally refers to a law’s ability to facilitate self-policing and compliance to a greater degree than can be accomplished through “hard” enforcement alone. Those...

Developments From Across the Pond

This article was reprinted with permission from FCPA Professor A few developments from the United Kingdom worth highlighting. SFO Speech In this recent speech, David Green (Director of the SFO) stated: “ Deferred Prosecution Agreements (DPAs) I anticipate that at least 2 DPAs will...