Thomas-Fox

Mr. Spock

Farewell to Mr. Spock and Risk Assessment Under COSO

Mr. Spock and his pursuit of logic inform today’s blog post. Every compliance practitioner is aware of the need for a risk assessment in any best practices compliance program; whether that program is based on the US Foreign Corrupt Practices Act (FCPA), UK Bribery Act or some other compliance law or regime.

shutterstock_172251878

New Coke and Technological Solutions as a Response to the Economic Downturn

This might be the time that you consider a technological solution to help manage your FCPA anti-corruption compliance program going forward. It may be that you can come out running a more effective program, yet ultimately spend less money because you do not have to replace employees aid off during your company’s initial response to the downturn.

mcdonald's in russia

Franchising and Liability Under the FCPA

U.S. franchisors doing business abroad come into contact with officials of foreign governments fairly frequently - if not once they're up and running, then certainly during the startup process. Each interaction presents an opportunity for an FCPA violation. And if and when a misdeed comes to pass, who's ultimately liable? The individual with boots on the ...

ice cream

Get Your Tootsie-Frootsie Ice Cream: Hiring as Part of Your Compliance Program

No matter how much anti-bribery/anti-corruption training your company provides, no matter how diligent your efforts to prevent compliance violations, it's possible that you'll have a "5 percenter" in your ranks -- someone who will lie, cheat and steal anyway. In order to steer clear of serious compliance infractions, you may need to reassess your screening and hiring processes.

hagia sophia

Byzantium and the Alstom FCPA Settlement – Part III

The final installment from Tom Fox in a series on the Alstom FCPA enforcement action, this post explores the accounting records violations the French parent company owned up to. As it happens, the charges are a bit puzzling, but it's made clear in the settlement not only that there were some serious misdeeds afoot, but that there were ...

german flag

Germany in the World Cup and the Alstom FCPA Enforcement Action – Part II

The recent Alstom enforcement action has dwarfed many others, and for Tom Fox, it brings to mind last summer's soccer upset heard 'round the world - Germany trouncing Brazil in the World Cup. Today's piece delves into the deferred prosecution agreements, outlining the requirements they set for Alstom and what they mean for compliance practitioners in general.

alstom train

The Alstom FCPA Enforcement Action – Part I

The first in a series of posts from Tom Fox on the recent Alstom enforcement action -- among the very largest of all FCPA actions to date both in terms of the scope of the investigation and the amount of fines levied against the offending party. Lessons to be learned from Alstom? The importance of controls cannot ...

notepad

Seamus Heaney and Compliance With a Seat at the Table

When assessing compliance challenges ahead of an expansion into a new market, the CCO or compliance practitioner has quite the job on his or her hands. Tom Fox offers up four basic questions to consider when walking through analysis, third-party due diligence and developing a plan to ensure ongoing compliance both with the FCPA and any in-country regulatory ...

saxophone

Bobby Keys, the Rolling Stones and Establishing Trust

While due diligence is essential when doing business with or through third parties, ultimately trust is critical in maintaining successful business relationships. No matter how thorough the questionnaire or how in-depth the business justification, even well-vetted partners can do you wrong if the relationship consists of a series of box-ticking encounters. Don't overestimate the power of transparency.

bangalore tech park

Doing Business in India – Corruption Risks and Responses

A recently released whitepaper from Foley & Lardner and India-based MZM Legal offers much-needed guidance on maintaining compliance with the FCPA while doing business in India. Tom Fox has done the heavy lifting already, however, and provides CCI readers today with a glimpse into the piece and highlighting some of the greatest corruption risks and how to manage ...