FCPA

Those bemoaning the lack of Foreign Corrupt Practices Act (FCPA) enforcement activity can cease. With the Dun & Bradstreet Inc. (D&B) declination in April and May’s enforcement action involving Panasonic Avionics Corporation (PAC) and its parent Panasonic Corporation (Panasonic), U.S. regulators at the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have roared back with not only significant enforcement actions, but more importantly...

Political Ties This article will dig deep into the issue of whether President Trump's lawyer, Michael Cohen, should be concerned about potential FCPA violations on the heels of revelations about payments received from multi-national corporations. It's a complicated issue since the FCPA is very specific about limiting American influence on foreign nationals, but is much less so when defining how...

The State of Corruption Risk in Latin America The biggest-ever corruption and bribery investigation in Latin America has seen scores of business leaders and politicians end up in prison. So riveting is the story that it’s now been dramatized into a series and streamed on Netflix. Andy Webb-Vidal explains the real-life lessons that compliance officers and risk managers need to...

Trump and the FCPA Instances of global corruption pepper our newspapers and news feeds. Closer to home, allegations of corruption have taken center stage in the American political landscape, and President Trump has been openly critical of the Foreign Corrupt Practices Act, leaving many in the compliance field to wonder whether regulatory agencies will retain the authority necessary to fight...

Every quarter, Miller & Chevalier's International practice publishes a review of the latest FCPA enforcement actions. This is a comprehensive guide to actions against corporations and individuals, ongoing policy developments and related litigation and international developments.  

Costs can balloon quickly in FCPA investigations, however, these investigations don’t have to spin out of fiscal control. Corporate counsel can and should get to the root of alleged violations – certainly before the government does – without “boiling the ocean” to unearth the facts and decimating the organization’s bottom line. Based on Roscoe, Michael and Pat’s experience managing corporate investigations, both as defense counsel and as federal prosecutors, they recommend three fundamental best practices for conducting FCPA inquiries.

Asia Pacific continues to give rise to a large number of Foreign Corrupt Practices Act (FCPA) enforcement actions. Four of the nine companies that the US Department of Justice (DOJ) Fraud Section includes on its list of 2017 FCPA Enforcement Actions are based or were operating in the region, as were seven of the 15 individuals prosecuted in 2017.

A new policy that has been enacted for enforcing the Foreign Corrupt Practices Act may significantly impact the way FCPA violations are handled within corporations. The more prompt these violations are handled, the better.

As U.S. Enforcement Lags, International Attention to Domestic Corruption Takes a Front Seat Despite assurances from senior DOJ officials that the U.S. would maintain robust enforcement of the FCPA, enforcement has waned in the first eight months of the Trump presidency, with the DOJ and SEC combined announcing only four enforcement actions since the President took office. with co-authors Maggie Grace...

Sharie Brown, chair of FCPA and Corporate Compliance at DLA Piper, provides a list of "red flags" companies can instruct their employees to watch out for to manage compliance risk of overseas operations. Red flags are included for the areas of anti-bribery, export controls, anti-money laundering, anti-terrorism, and anti-boycott risks.

While the resolution of the Telia Company (Telia) Foreign Corrupt Practices Act (FCPA) matter has long been awaited, the results announced in September by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) were stunning nonetheless. It is one of the largest FCPA resolutions of all-time, with a total fine and penalty of $965MM, which include $457MM in...

In late July 2017, there was an announcement by the Securities and Exchange Commission (SEC) of the resolution of its outstanding Foreign Corrupt Practices Act (FCPA) enforcement action with Halliburton.  In a Cease and Desist Order which also covered former employee Jeannot Lorenz, the SEC spelled out a bribery scheme facilitated by both a failure and over-ride of company internal...