FCPA

The recent FCPA investigation and enforcement action against Vicente Eduardo Garcia, a former executive at SAP International, revealed an individual intent on circumventing internal controls, one who knew the illegality of his actions and went to great lengths to disguise them. Lessons for the compliance practitioner? For starters, violations can occur without actual payments.

The number of FCPA declinations is on the rise, while the number of enforcement actions is at its lowest level in more than a decade. Now, this doesn't mean companies and individuals suspected of corruption are getting away with anything; instead, the drop in enforcement actions could have everything to do with the fact that the subjects of investigations are...

Some are foaming at the mouth about the outcome of the FCPA trial of former PetroTiger CEO Joseph Sigelman. However, while the Department of Justice isn't overjoyed with how the case turned out, the outcome isn't at all unusual. The key takeaway here: you win some, you lose some. Will the DOJ overhaul it's FCPA enforcement strategies because of this...

Chile has historically ranked among the least corrupt countries in Transparency International's Corruption Perceptions Index, but past performance isn't always a great indicator of future results. Recent scandals in the country serve as an excellent reminder that corruption can rear its ugly head anywhere, even in areas not typically associated with bribery and improper conduct.

We all have at least a cursory understanding of attorney-client privilege, whether through our own legal dealings or from catching an episode of Law & Order now and then. Latin-American countries are beginning to learn the importance of the concept in the midst of FCPA investigations. Lesson one: how do we structure the review? And what about rules in the...

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?