Mike Koehler takes a closer look at SEC’s commitment to holding individuals accountable for FCPA violations…
The Work Of A Monitor And Checking In On Siemens
January 24, 2013
Given the nature and extent of the conduct at issue, as part of its plea agreement, Siemens was required to engage a corporate monitor for a three year period…
Why Perform Due Diligence?: “That’s PR Speak for fraud”
November 26, 2012
I think people need to realize that compliance due diligence under the FCPA can also be used to help companies do more than uncover potential FCPA issues but also help correctly assess the value of target companies.
The Noticeably Missing Hypothetical And The Government’s Two “Instrumentality” Positions
November 20, 2012
One hypothetical noticeably missing from the FCPA guidance concerns the most important element of an FCPA anti-bribery violation – the “foreign official” element.
The World Bank’s Anti-Corruption Coordination with National Authorities
November 14, 2012
How serious can The World Bank’s sanctions process really be? After all, the Bank’s investigators lack many of the powers that national authorities often take for granted.
Carson Sentencing Issues
November 13, 2012
This post provides an overview of the Carson sentencing issues and highlights two issues from Judge Selna’s H. Carson sentencing memo.
FCPA Weekly Round-up
November 12, 2012
Given the enforcement agencies’ untethered and boundless views on who is a “foreign official” under the FCPA, one never knows where a “foreign official” will pop up.
FCPA Compliance: A Seat at Every Merger & Acquisition Table
November 8, 2012
A recent survey established that at least 50 percent of companies have increased spending on anti-corruption compliance.
Marshall on Leadership: a Guide for the Compliance Practitioner
November 8, 2012
Many of Marshall’s qualities transcend the military and are useful when evaluating employees to become compliance practitioners or Chief Compliance Officers.
Stop Drinking the Kool-Aid
November 6, 2012
This article originally appeared on Professor Koehler’s FCPA Professor website (www.fcpaprofessor.com) and is reprinted with his permission. Since April the Department of Justice has been running a Kool-Aid stand and many people have been drinking the Kool-Aid. The Kool-Aid being served up and consumed is Morgan Stanley’s so-called declination. As noted in this prior post, in April in resolving an enforcement action [...]
