FCPA compliance

myths and facts

10 FCPA Myths and Misconceptions, Debunked

How well do you know FCPA regulations? You could be laboring under some misconceptions - and you wouldn't be alone. FCPA expert Matteson Ellis has heard myths from the mouths of those new to compliance, but also from execs and seasoned professionals who should know better. Here are some of the biggest FCPA myths circulating out ...

old west gunman

Coolness in Being the Bad Guy? Eli Wallach and GSK

GlaxoSmithKline has gotten plenty of negative attention lately for allegations of widespread corruption in its China operations, accusations that may cause irreparable harm to the pharma giant. Regulatory bodies far and wide are jockeying for position to charge GSK, sending the message that corruption will not be tolerated. Compliance practitioners, take note!

gavel, map

The Next Frontier in International Anti-Corruption Enforcement

Anti-corruption enforcement is evolving, and significant challenges lie ahead. FCPA expert Matteson Ellis presents three issues compliance professionals are likely to face in the coming months and years. There are allegations of bias impeding international cooperation and the involvement of several regulatory bodies raises questions regarding jurisdictional authority…

elevator

The FCPA “Elevator Pitch:” Selling Anti-Corruption Compliance to Latin American Executives

Sensitive discussions about potential bribery lend themselves more to one-on-one encounters than larger, formal settings. The catch is that in these situations, you’ve got to make a compelling case for compliance – and quick. Consider leading with these five talking points to convince Latin American executives to redouble their efforts to prevent FCPA violations and minimize sanctions.

small and big

FCPA Compliance for SMEs: How Smaller Companies Meet Enforcement Agency Expectations

Small- and medium-sized enterprises (SMEs) are as subject to FCPA regulations as their much larger counterparts, but how they apply resolutions necessarily differs a bit. FCPA expert Matteson Ellis provides valuable insights here on what medium and small firms can do from a compliance standpoint to meet FCPA enforcement expectations, even while faced with the challenge drawing from ...

man with idea

Common Sense in the Definition of “Instrumentality” Under the FCPA

An opinion released Friday by the Court of Appeals offers some much needed clarity on just what organizations are considered “instrumentalities” under the Foreign Corrupt Practices Act. Here, Tom Fox explores this decision, as well as early amendments to the FCPA supporting the Court’s findings and methods for establishing instrumentaility. The findings seem to be based entirely ...

head in sand

The Unknown Known: The Knowledge Standard for Bribes by Third Parties

Whether or not a company is aware of its third parties’ goings on, it can suffer financial or reputational harm as a result of their actions. While culpability can be more difficult to prove, willful or feigned ignorance of likely red flags in highly corrupt areas won’t save the organization from the consequences of third parties’ unseemly conduct. ...

hand picking person

Criminal FCPA Cases – Targeting Individuals

If the past is any indicator (and it normally is), the DOJ will continue to step up enforcement against individuals. This applies to ongoing investigations, forthcoming cases and even past corporate settlements, which the agency has been sifting through in order to bring individual criminal charges where none were brought originally.