The DOJ has handed down another ruling regarding the interpretation of the word "instrumentality," and it's very much in keeping with their past wins on the topic. Michael Volkov writes that FCPA regulations aren't nearly as ambiguous as some might think. Bribery is bribery, and bribery is off limits. Operate by that motto and whomever constitutes ...
Acts of criminal misconduct are - almost without fail - carried out either by an individual or a group of individuals, so it stands to reason that the DOJ would focus its efforts on individual prosecutions rather than to bring charges against the company itself. The company's participation in any resulting investigation is expected, but it should tread ...
Most compliance practitioners recognize that the FCPA compliance defense issue is very much a thing of the past, though some still advocate for it. The troubles with this approach are multiple. Michael Volkov outlines what's off about taking an FCPA compliance defense and why companies that take that route may come to regret it.
Despite what the various FCPA mid-year assessments are saying, FCPA enforcement is not on the wane. It's here to stay, and if anything, efforts are likely to increase rather than subside. Although the SEC has come under scrutiny for its unnecessarily lengthy investigations, essentially delaying justice, there are and will continue to be significant prosecutions forthcoming.
An in-depth look at antitrust activity and litigation over the past several years, with keen insight into what’s to come. Effective compliance programs are vital, without a doubt. But if your organization is faced with an antitrust violation, don’t expect leniency from the Federal Trade Commission and Department of Justice on those grounds.
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.
“Something is rotten in the state of Denmark” is one of the signature lines from Shakespeare’s play Hamlet. I thought about that when I read recent articles, “Questions Are Asked of Rot in Banking Culture” and “Lawmakers Tell Justice Dept. to Seek Swiss Banker Extraditions.”
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.
March 10th was the 101st anniversary of the death of Harriet Tubman. She was one of the greatest conductors on the Underground Railroad, which took slaves out of the old south and up to freedom in the north and into Canada. I read about her as a child and her story always moved me.
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.