Lawyers, compliance professionals and senior management at companies can be obsessive when it comes to the threat of criminal liability. Please do not get me wrong, I am not minimizing the risk of criminal prosecution, nor I am suggesting that everyone go out and start paying bribes overseas.
Under the FCPA, companies can be punished not only for the wrongful things they do, like paying bribes, but also for certain things they don’t do. In particular, the FCPA’s accounting provisions require companies to have internal controls in place. When companies do not have certain protections, such as appropriate accounting systems and anti-corruption policies, procedures and processes, ...
Monday marked the 126th anniversary of the ending of the the two-day battle of Shiloh. On the second day, the Union troops under General Grant largely recovered the ground that the Confederate troops had taken on the first day. Grant was severely criticized for allegedly being taken by surprise by the Confederate attack, but he managed to survive the ...
The difference between white collar and violent crime usually comes down to this: in most cases of violent crime, the actor’s state of mind is not at issue; the cases often center on whether the specific person charged was the one who killed/shot/assaulted the victim.
Since the issuance of the DOJ’s and SEC’s FCPA Guidance in November 2012, FCPA legislative reform efforts have lost some steam.
As demonstrated below, the sentences handed down in 2013 were a mixed bag, and (except for Frederic Bourke) all individuals cooperated with the government to some extent.
Russian-backed, U.S.-listed VimpelCom, Ltd, Uzbekistan's largest mobile operator in terms of subscribers, announced this week that it is being investigated by the U.S. Securities and Exchange Commission (SEC) and Dutch authorities.
Foreign Corrupt Practices Act (FCPA) enforcement activity in 2013 was robust, with the DOJ and SEC bringing 31 new FCPA enforcement actions, exceeding 2012’s total of 25.
Investment banks are increasingly concerned about corruption liability arising from issuers for which they structure and execute capital market transactions.
I admit it took me awhile to finally get it. I have long wondered what could have caused the explosion in DOJ and SEC enforcement of the Foreign Corrupt Practices Act (FCPA).