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FCPA Roundup

FCPA professor Mike Koehler provides us with a round up of all things FCPA. There’s talk of Wal-Mart, recent survey results, quotes from former DOJ employees, and more.

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Auditing To Detect Criminal Antitrust Conduct – Does Anyone Do This?

How good is your antitrust compliance program – would it be considered effective in addressing criminal antitrust risk, or what is also referred to as cartel conduct? Perhaps you have an antitrust manual and a lawyer who gives presentations about the law. Maybe this is also covered in your code of conduct. But does this meet the most widely used standard for compliance programs, the US Sentencing Guidelines’ seven elements?

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Inside the Mind of a Corporate Monitor – Emailed Questions & Responses

John “The Fraud Guy” Hanson answers three reader-submitted questions, providing his perspective as an independent corporate monitor.

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When It’s All About The Money, Even The Money Is Lost

Steve Priest reviews the lessons from the NFL referee fiasco and how it relates to the tragic flaw underlying most of our corporations, the relentless drive to improve profitability. This can be good, but sometimes, usually when arrogance overcomes prudence, people and companies do stupid things in the name of profitability.

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Clean Business – Germany Publishes Its First Attestation Standard For Compliance Programs

Germany developed its first attestation standard for compliance programs, which on one hand gives guidance for a general accepted compliance program framework and on the other hand gives assurance on the program itself. Ernst & Young’s Andreas Pyrcek reviews it.

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Authenticity: What Sabol Brought To NFL Films & What Your Compliance Program Needs

The authenticity of your company’s compliance regime is driven by how well your employees buy in to the concept of doing business in a compliant manner.

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What is OFAC? Making Sense of U.S. Sanctions Law

Baker Donelson’s Doreen Edelman explains what the Office of Foreign Assets Control is, which businesses need to be concerned about its sanctions, how to comply, and what the penalties are.

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Isn’t It Ironic, Don’t You Think?

Isn’t it ironic, don’t you think, that as the U.S. aggressively expands its Foreign Corrupt Practices Act enforcement theories and snares foreign firms on flimsy jurisdictional theories, the U.S. continues to slide in Transparency International’s Corruption Perception Index, a well-known index that ranks countries on how corrupt their public sector is perceived to be.

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The Top 5 Corruption Risks for Pharmaceutical and Medical Device Companies

Pharmaceutical and medical device companies are fast becoming the enforcement punching bag, eclipsing the long-suffering status of the oil and gas energy. LeClairRyan’s Michael Volkov discusses the five top 5 corruption risks for these businesses.

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3 Issues in Cross-Border Internal Investigations

Cravath, Swaine & Moore’s David Stuart focuses on issues that have come up with increasing frequency in recent years – the challenges associated with conducting cross-border investigations.

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