Investment banks are increasingly concerned about corruption liability arising from issuers for which they structure and execute capital market transactions.
At the end of 2013, the DOJ issued its only Opinion Procedure Release of the year. A law firm partner used the opinion process to ask whether he or she would violate the FCPA by paying the medical expenses of the daughter …
Many companies have an investigation protocol in place when a potential Foreign Corruption Practices Act (FCPA) or other legal issue arises. However, many Boards do not have the same rigor when it comes to an investigation, which should be conducted or led by the Board itself.
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).
The Justice Department and the SEC have underscored the importance of a company maintaining a clear disciplinary process so that executives, managers and employees are aware that a violation of the corporate code of conduct or the law will result in disciplinary action.
Looking back on 2013, the Department of Justice and SEC had a strong enforcement year. It is interesting to analyze how prosecutors exercised their discretion – what industries were subjects of FCPA investigations?
An anti-corruption program should be a living, breathing embodiment and reflection of the current and contemplated corruption risks that are nuanced to the world at large, the industry in which the company operates …
I always say that the government does not enforce the laws in secret – they tell businesses what they plan to do and then they carry it out.
SEC and DOJ look at the facts and circumstances around each case in making assessments. While this is frustrating to business types, as a lawyer I find it to be an appropriate analysis, — and an accurate way to look at things.
Surprisingly, the number of FCPA resolutions that actually involved the Asia-Pacific region sharply declined in 2013, against trend and in apparent contradiction of ubiquitous enforcement attention and coverage.