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.
We do not know for sure why Tyco received only a non-prosecution agreement instead of a deferred prosecution agreement, or how it avoided a monitor. But the treatment is notable. Matteson Ellis explores reasons why Tyco didn’t get a harsher punishment.
Tyco agreed to a robust corporate compliance program that either currently exists or will be implemented in the future. This corporate compliance program is somewhat different than most of the 13 minimum best practices compliance regimes reported in DPAs and NPAs since the Panalpina DPA of November 2010. Thomas Fox reviews what it consists of.
FCPA professor Mike Koehler provides us with a round up of all things FCPA. There’s talk of Wal-Mart, recent survey results, quotes from former DOJ employees, and more.
FCPA professor Mike Koehler discusses Pfizer’s situation with the DOJ and SEC and poses the question, given the allegations against Pfizer (as opposed to entities Pfizer acquired) and given what Pfizer has done over the past eight years, are the “enhanced compliance obligations” truly necessary?
Last week, the SEC announced a Foreign Corrupt Practices Act books and records and internal controls enforcement action against Oracle Corporation.
With the enforcement action, the dilution of FCPA enforcement has reached a new level. The only allegations against Oracle itself is that it failed to audit distributor margins against end user prices and that it failed to audit third party payments made by distributors. It is common for large multinational companies to have hundreds, if not thousands, of distributors. Because of this, audits Oracle was held liable for not conducting are not practical or cost-effective absent red flags suggesting improper conduct. The SEC did not allege any such red flag issues.
FCPA professor Mike Koehler highlights notable issues in the Pfizer/Wyeth FCPA enforcement action.
Mike Koeher shares a not-so-secret secret: FCPA enforcement 2007-2011 was, to a great extent, the function of just three unique events.
This article originally appeared on Professor Koehler’s FCPA Professor website (www.fcpaprofessor.com) and is reprinted with his permission. Earlier this week, Data Systems & Solutions LLC (“DS&S”), a wholly-owned subsidiary of Rolls Royce Holdings and based in Reston Virginia, resolved a DOJ FCPA enforcement action. The total fine was $8.82 million. DS&S’s business includes the design, installation, and maintenance [...]
Not that long ago, many companies seemed to view the fines associated with breaching the Foreign Corrupt Practices Act (FCPA) as merely one more necessary expense associated with pursuing foreign business ventures. It has only been within the last decade that the Department of Justice has decided to take a stronger position on the issue [...]