FCPA

As DOJ/SEC scrutiny grows, it will be increasingly important for private equity firms to be ahead of the game with respect to portfolio compliance. Ten tips to get you on the road.

FCPA enforcement has been on the rise of late, and several of the most significant enforcement actions taken in 2014 had connections to countries in the Asia-Pacific region. Wendy Wysong and her associates at Clifford Chance explore the largest and most impactful actions taken in the region this past year, with an analysis into the significance of each for the...

The Organization for Economic Cooperation and Development (OECD) recently released its first Foreign Bribery Report, and the findings therein can be extremely useful in informing CCOs' strategy in managing corporate risk. The report provides an in-depth analysis of more than 400 cases involving bribery of foreign officials over the past 15 years, and the trends may surprise you.

The future is often a mystery, but here and there we're given insight into what's coming. FCPA authorities have done just that for us over the past few months, speaking often about their intentions for investigations and enforcement actions ahead. So instead of just guessing at what the landscape will look like this year, we can just take our cues...

Risk assessments and monitoring are essential to any successful compliance program, and as such, they're the two key components FCPA enforcement officials look for when evaluating a company's compliance efforts. If either piece is absent, there will be serious doubt as to the company's commitment to compliance and, of course, to its ability to prevent and address violations.

If you've ever wondered about the phrase "the long arm of the law," here it is in action. One might assume that laws enacted in the U.S. would apply only to U.S. companies and individuals. As it turns out, though, the DOJ and SEC have jurisdiction far outside of American borders and are able to take enforcement actions on many...

FCPA enforcement agencies don't tend to keep their intentions secret. If you follow the investigations and enforcement actions, it's easy to discern where their focus lies and how companies can "buy" themselves some leniency. Officials at the DOJ and SEC have offered several insights into the agencies' thought processes for 2014. What do you think 2015 will look like?

Venezuela is considered by experts to be one of the most corrupt countries in Latin America, and the problem appears to have worsened over the years. The probability of FCPA violations is high for companies doing business in Venezuela, and when you look closely, it's easy to see why. Matteson Ellis explores the ways in which companies are at risk.

It's no secret that Miami serves as a sort of bridge to Latin America. For that reason, it's home to several Foreign Corrupt Practices Act enforcement officers specializing in Latin America. FCPAmericas' Matteson Ellis attended the American Conference Institute's recent Anti-Corruption Boot Camp in Houston and today shares with CCI what these experts had to share.

FCPAmerica interviews anti-corruption compliance expert Bruce Horowitz, co-founder of an Ecuadorian law firm known for not participating in extortion in an environment where bribery and unethical conduct is common. Bruce shares his insights on challenges and strategies for maintaining compliance and doing business with pubic entities without becoming involved in corrupt practices.

The number of whistleblower reports to the SEC out of China has increased more than five fold in the past three years. And with recent enactments in India and China of Dodd-Frank-like whistleblower protection laws, that figure will surely continue to grow. For companies doing business in Asia, don't delay another minute in responding to complaints internally.

The winds of change have reached Brazil, and it's fast becoming clear that the Brazilian government is putting the kibosh on corruption there. Violations of the Clean Companies Act have yet to bring about enforcement actions, but meanwhile, authorities are prosecuting individuals. Here, Matteson Ellis covers three high-profile cases and considers what they may portend.