What does ‘timely’ self-disclosure really mean? Albemarle FCPA Enforcement Action A Lesson in Timeliness? What’s in this whitepaper from Tom Fox: Albemarle Corp., a publicly traded specialty chemicals manufacturer based in North Carolina, in September agreed to pay more than $218 million to resolve probes by the DOJ and SEC into reported violations of the FCPA tied to the company’s...
2023 anti-bribery & enforcement actions in the U.S., China, France, Brazil & the UK 15th annual report 2023 FCPA & Anti-Bribery Alert What’s in this report from Hughes Hubbard & Reed: Hughes Hubbard & Reed’s experts provide analysis of the top trends and developments in the anti-bribery space, as well as an encyclopedic view of the past year’s enforcement actions...
Susana Sierra of BH Compliance explores why shifted priorities should cause all U.S. companies with Latin American connections to take note.
While FCPA enforcement actions undertaken by the SEC tend to be attention-grabbing, and for good reason, another federal office is perhaps less well-known but no less important: the Office of Foreign Assets Control within the Treasury Department. Business veteran Frank Orlowski explores what the data surrounding both types of enforcement actions says about U.S. government priorities. OFAC’s primary mission is...
The two main areas of FCPA focus are well-known, prohibitions against bribery and SEC accounting reporting. But as business development expert Kenneth D. Johnson argues, local cultural awareness is just as important — or should be. The FCPA, enacted in 1977 by the U.S. Congress, attempts to ensure fair commercial dealing, government integrity and accountability. The purpose of this legislation...
Attorneys Benjamin Britz and Sean Mason unwrap Supreme Court Justice Samuel Alito’s fishy defense of a lavish, billionaire-funded trip. For international anti-corruption lawyers and compliance professionals trained by years of vigorous enforcement activity, American domestic political practices can seem surreal. What is criminal abroad may be acceptable, even constitutionally protected, here. Recent revelations that Supreme Court Justice Samuel Alito accepted...
Unpacking SEC's enforcement action against Philips for FCPA allegations in China Credit Where Credit's Due? Philips FCPA Enforcement Action What’s in this whitepaper by Tom Fox:Amsterdam-based Philips recently agreed to pay more than $62 million to resolve the SEC's charges that it violated the FCPA with conduct related to the sale of medical diagnostic equipment in China. Not only is...
Navigating pitfalls of doing business in risk-filled region
The year that was in FCPA & anti-corruption efforts 2022: A Year in Review FCPA Enforcement & Anti-Corruption Developments What’s in this report from Paul, Weiss:After a quiet 2021, FCPA enforcement, whether measured by the number of DOJ and SEC corporate enforcement actions or total penalty amount, increased markedly in 2022, although it still fell somewhat below pre-2021 levels on...
Go inside Honeywell's profit-sharing/bribery scheme Profit Sharing as Bribery The Honeywell FCPA Enforcement Action What’s in this report from podcaster and compliance expert Tom Fox:Honeywell International’s U.S.-based subsidiary settled an FCPA enforcement action with the DOJ and SEC, coughing up criminal penalties of about $79 million. Podcaster and FCPA expert Tom Fox digs into the particulars of the case, including:...
Companies accused of corporate crimes will have more incentives to disclose misconduct they uncover and cooperate with federal investigations, Assistant Attorney General Kenneth Polite Jr. said Tuesday. In remarks at Georgetown University’s law school, Polite seemed to soften the Biden Administration’s corporate criminal enforcement stance and offer more carrots in the government’s “carrot-and-stick” policies in the form of fewer prosecutions...
Find out how a three-time convicted FCPA violator, ABB, managed to avoid having a monitorship imposed. A Win for Compliance ABB FCPA Resolution What’s in this whitepaper from Tom Fox:Tom Fox digs into the recently announced DOJ resolution with Swiss construction company ABB over accusations that it violated the FCPA. Simple enough, right? Maybe not so much, as a closer...
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