Category: FCPA

2018 FCPA Year in Review

Posted by Michael Volkov - January 3, 2019

The More Things Change, The More They Stay the Same With 2018 officially behind us, Michael Volkov looks at FCPA enforcement in 2018, discussing some of the DOJ’s most notable actions. Happy New Year! Another year is in the books for FCPA enforcement and compliance. The headline for this past…

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Common Pitfalls in Third-Party Due Diligence

Posted by Daniel Wendt - December 5, 2018

5 Risky Mistakes Companies Make Third-party relationships result in a majority of FCPA resolutions and investigations. Dan Wendt, member at Miller & Chevalier, discusses why third-party due diligence should be a central part of any anti-corruption program and shares insights into some of the customary ways companies fall short in…

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Goldman Sachs and the 1MDB Criminal Prosecutions

Posted by Michael Volkov - 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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Key Compliance Issues for M&As

Posted by Valerie Charles - 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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Recent FCPA Cases: Lessons for Compliance Personnel

Posted by Anne Eberhardt - 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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Petrobras Closes Out “Massive” Corruption Investigations and Litigation

Posted by Michael Volkov - October 4, 2018

Resulting Settlements and Remedial Measures Brazilian oil and gas giant Petrobras has entered into a series of settlements in closing out corruption investigations and litigation. For a long period of time, corruption was endemic at the corporation (the DOJ estimates illegally generated funds for payments as at least $2 billion),…

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Very Pleased to Meet You: Market Rates for Introducers in Asia-Pacific

Posted by Wendy Wysong - September 25, 2018

Mitigating the Risk Posed by Introducers Wendy Wysong and associates at Clifford Chance write on the rise in prominence of “introducers” in Asia-Pacific countries and explain how the use of introducers can expose the organization to corruption risk. The team also discusses several recent cases that have resulted in fines…

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Court of Appeals Cuts Back Extraterritorial FCPA Jurisdiction Over Foreign Nationals

Posted by Michael Volkov - September 13, 2018

Conspiracy Count Dismissed in Ruling on United States v. Hoskins In a recent case heard by the U.S. Court of Appeals, Lawrence Hoskins, a former executive at Alstom, was charged with conspiracy to bribe foreign officials. The Court’s decision in the case calls into question just how long the DOJ’s…

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DOJ Expands FCPA Corporate Enforcement Policy

Posted by Michael Volkov - 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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Companies Don’t Pay Bribes, People Do

Posted by Wendy Wysong - 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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Corporate Doublespeak

Posted by Michael Volkov - 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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Your Asia-Pacific Anti-Corruption Rundown

Posted by Wendy Wysong - 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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