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What Is the Current State of Anti-Bribery and Corruption Prosecution?

Posted by - March 23, 2018
Trump and the FCPA Instances of global corruption pepper our newspapers and news feeds. Closer to home, allegations of corruption have taken center stage in the American political landscape, and President Trump has been openly critical of the Foreign Corrupt Practices Act, leaving many in the compliance field to wonder…
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The Trump Effect on FCPA Enforcement

Posted by - October 24, 2017
As U.S. Enforcement Lags, International Attention to Domestic Corruption Takes a Front Seat Despite assurances from senior DOJ officials that the U.S. would maintain robust enforcement of the FCPA, enforcement has waned in the first eight months of the Trump presidency, with the DOJ and SEC combined announcing only four…
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How Counsel Relationships Can Increase Scrutiny

Posted by - October 3, 2017
Rethinking Independence in Internal Investigations Demonstrating and ensuring independence in internal investigations is a critical issue for corporate counsel to consider, especially when facing or anticipating parallel regulatory probes. How to properly do so is a nuanced process: as this piece explores, it is not as simple as the binary…
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Enforcement Heating up on I-9 Compliance

Posted by - September 21, 2017
Employers Face Steep Penalties Fines are going up, and courts are getting stricter regarding employment eligibility compliance. Employers who aren’t on the ball with their documentation and recordkeeping practices are at risk. Be sure to take particular note of a new version of Form I-9 that is now a requirement.  If…
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Protecting Your Corporate Culture

Posted by - September 8, 2017
The Objective of Due Diligence There is immense benefit to thoroughly vetting third parties, and it goes far beyond avoiding enforcement actions from the likes of the SEC, DOJ and other regulatory agencies. When you do business with risky suppliers and vendors domestically or abroad, you put your organization’s reputation…
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Setting the Tone: No Back Seat for the CEO

Posted by - August 24, 2017
How the CEO Can Best Support Compliance Keeping a tight rein on compliance is the name of the game for every business entity, whether early-stage, family-owned or large multinational. And – while it’s the CEO who ultimately sets the tone – the culture of compliance has a strong foundation in…
doctor accepting bribe

DOJ’s Largest Health Care Fraud Enforcement Action

Posted by - August 22, 2017
Nationwide Prosecutions: “Just the Beginning” Recent DOJ and Department of Health and Human Services charges were brought against 412 defendants, across 30+ states, with defendants accused of defrauding taxpayers of approximately $1.3 billion. It’s been described as the largest health care fraud enforcement action in DOJ history. In light of…
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DPAs and NPAs Are on the Rise

Posted by - July 28, 2017
What Does This Mean for You? The Department of Justice (DOJ) has increasingly been using pretrial diversion programs, which often take the form of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs), as a tool to hold corporations accountable for wrongdoing. with co-author Briannon Irwin The Department of Justice (DOJ)…
placard reading Jeff Sessions on desk with American flags

AG Sessions Vows to Continue Enforcement of FCPA

Posted by - July 20, 2017
Penalties for Noncompliance Remain Severe Attorney General Jeff Sessions has identified enforcing the Foreign Corrupt Practices Act as a high priority for the Trump administration in its ongoing efforts to combat corporate misconduct.  News of this, along with other statements by officials within the Department of Justice, came as a…
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DOJ Releases New Guidance on Compliance Programs

Posted by - March 9, 2017
Bracewell white collar attorneys dissect guidance from the DOJ’s Fraud Section on how it assesses compliance program (and intends to). This guidance provides insight into the questions corporate counsel should expect from DOJ prosecutors during a criminal investigation and highlights common indicators of a strong corporate culture of compliance.
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DOJ and SEC Make 2016 a Record Year for FCPA Enforcement

Posted by - February 24, 2017
The Department of Justice and Securities and Exchange Commission were especially aggressive this year in bringing FCPA enforcement actions. There were several major enforcement actions brought last year, and each pointed to systemic corruption and ineffective leadership.
Rolls-Royce building

Modern Enforcement: Rolls-Royce’s $800M Global Settlement

Posted by - February 10, 2017
Case Highlights Growing Trend in Collaborative Enforcement This article by Bracewell white-collar attorneys details the resolution of parallel investigations by U.S., U.K. and Brazilian authorities. Rolls-Royce’s long-running scheme to bribe government officials across the globe in exchange for government contracts has resulted in a record enforcement action. Learn about what…