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).
In the world of FCPA enforcement, 2013 was a big year. Some have pointed out, “After getting off to a slow start, with no official corporate FCPA settlements announced in the first quarter, 2013 witnessed two of the top 10 biggest settlements of all time.”
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.
When James Cole, U.S. Deputy Attorney General, gave his keynote address at ACI’s 30th International Conference on the FCPA, he dedicated an inordinate amount of time to the issue of self disclosures of FCPA violations.
Last week, it was announced that the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) had settled an enforcement action with Archer-Daniels-Midland Company (ADM).
The vast majority of FCPA enforcement actions involve bribery payments made by third parties, as opposed to those made directly by employees or officers.
The Unknowns of Brazil’s New Anti-Bribery Law (Part 2: How Will the Statute’s Provisions be Interpreted?)
In Part 1 of this series, FCPAméricas discussed the unknowns related to eventual enforcement of Brazil’s new Anti-Bribery Law. In this post …
Brazil’s new Anti-Bribery Law, signed into law in August, has already generated much attention. And with good reason. It makes highly innovative changes to Brazil’s laws, including the establishment of …
I often marvel at some of the stories which come up in the context of Foreign Corrupt Practices Act (FCPA) investigations and enforcement. If you made up some of the things which are reported, I fear that people might find you simply crazy.