Category: FCPA

former Malaysian Prime Minister, Najib Razak

Goldman Sachs and the 1MDB Criminal Prosecutions

Posted by - November 8, 2018
Indictments and Other Developments Following indictments unsealed last week, Michael Volkov revisits the 1MDB scandal, from the major players to the various wrongdoings. The 1Malaysia Development Berhad scandal (1MDB scandal) has been making headlines for the past few years. The turning point for U.S. prosecutors was the cooperation of Malaysian law…
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high-rise buildings atop connected puzzle pieces

Key Compliance Issues for M&As

Posted by - October 24, 2018
Applying the FCPA Corporate Enforcement Policy There are many ways a merger or acquisition can go sideways, including the discovery of less-than-legal business practices. However, a recent speech from the Department of Justice should help compliance officers involved in the M&A process rest a little easier in terms of FCPA…
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Libyan President Moammar Gadhafi at a state visit in 2008

Recent FCPA Cases: Lessons for Compliance Personnel

Posted by - October 17, 2018
Historic Corruption and Its Modern-Day Impacts Anne Eberhardt, CFE, CAMS and Senior Director at Gavin/Solmonese, discusses two notable cases involving corruption, bribery and consequent violations of the Foreign Corrupt Practices Act. Each offers instruction for compliance practitioners. This autumn we are commemorating two significant anniversaries: the 10-year anniversary of the…
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department of justice building sign with American flag behind

DOJ Expands FCPA Corporate Enforcement Policy

Posted by - August 30, 2018
The Implication for Non-FCPA Related Cases Michael Volkov discusses the Justice Department’s FCPA Corporate Enforcement Policy, enacted late last year; its efficacy so far; and its potential impact on corporate criminal cases unrelated to the FCPA. The Justice Department’s FCPA Corporate Enforcement Policy was announced in November 2017 with much…
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shaking hands while accepting under-the-table bribe

Companies Don’t Pay Bribes, People Do

Posted by - August 29, 2018
Corporate Criminal Liability for Bribery in Asia-Pacific While individual employees and company representatives are responsible for acts of bribery in the majority of cases, the trend in Asia-Pacific countries is toward greater scrutiny of corporations. with co-authors Jenni Hill, Lei Shi, Janice Goh, Tess Forge and Akanksha Bhagat Prosecutors, legislators…
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pop art illustration of bribe

Corporate Doublespeak

Posted by - August 2, 2018
A Bribe is a Bribe Why do organizations use sanitized language rather than more direct verbiage? A new generation of business leaders and employees is beginning to question the need for corporate speak. Michael Volkov discusses the need for a new approach. Language communicates more than just words – indeed,…
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businessman rejecting bribe

Your Asia-Pacific Anti-Corruption Rundown

Posted by - July 31, 2018
New Developments Across the Region Clifford Chance’s anti-corruption specialists in Asia-Pacific surveyed recent developments in five jurisdictions. Here’s what you need to know. with co-authors Kirsten Scott, Lei Shi, Peter Coney and Janice Goh The big picture: Singapore and Australia test drive Deferred Prosecution Agreements (DPAs). Japan and China issue…
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trends in yellow speech bubble

4 Current FCPA Enforcement Trends

Posted by - July 19, 2018
“Resources Reflect Policy” and Other Observations Michael Volkov discusses themes emerging in the DOJ’s and SEC’s enforcement of FCPA violations thus far in 2018. There are two distinct themes in FCPA enforcement: The first is consistency (i.e., that some enforcement actions are relatively consistent across the board), and, in the…
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