Technically, companies don't have to disclose FCPA violations. But the risk for not voluntarily disclosing corrupt behavior is great considering that wrongdoing may be found out anyway. Matteson Ellis poses several questions companies can contemplate when deciding whether self-disclosure is their best course of action, whatever the circumstances.
In terms of FCPA enforcement, the UK's Serious Fraud Office doesn't hold a candle to the U.S. Department of Justice. Not yet, anyway. Over the past few months, it has become clear that the tide is turning; the SFO has several high-profile cases in the works and is seeking to extend its reach with an expanded arsenal to pursue corporate...
Argentina is home to scenic landscapes, rich culture and corruption, unfortunately. Matteson Ellis, expert in all things FCPA-related in Latin America, draws from years of experience in Argentina to walk us through five common risks for corruption in the country, many of which are a direct result of government policy and officials with ulterior motives.
How well do you know FCPA regulations? You could be laboring under some misconceptions - and you wouldn't be alone. FCPA expert Matteson Ellis has heard myths from the mouths of those new to compliance, but also from execs and seasoned professionals who should know better. Here are some of the biggest FCPA myths circulating out there.
Sensitive discussions about potential bribery lend themselves more to one-on-one encounters than larger, formal settings. The catch is that in these situations, you’ve got to make a compelling case for compliance – and quick. Consider leading with these five talking points to convince Latin American executives to redouble their efforts to prevent FCPA violations and minimize sanctions.
If 2013 taught us anything about the new FCPA landscape, it’s that aggressive enforcement is on the rise and penalties are skyrocketing. A number of trends have emerged and it’s worth noting that while enforcement actions are up, so are rewards for good behavior. But expect some shifts. Regulatory bodies worldwide are stepping up their efforts.
Small- and medium-sized enterprises (SMEs) are as subject to FCPA regulations as their much larger counterparts, but how they apply resolutions necessarily differs a bit. FCPA expert Matteson Ellis provides valuable insights here on what medium and small firms can do from a compliance standpoint to meet FCPA enforcement expectations, even while faced with the challenge drawing from far fewer...
U.S. officials shouldn't "roll over" for the FCPA. And yet -- arrogance when under investigation isn't going to do them any good, either. The key? strike a balance. In this exclusive piece, author Matteson Ellis provides sound advice for companies to follow if they find themselves in hot water with foreign officials.
Certain company processes might not constitute traditional notions of “internal controls,” but FCPA enforcement officials have taken the position that a wide range of activities is covered by the term.
Since the issuance of the DOJ’s and SEC’s FCPA Guidance in November 2012, FCPA legislative reform efforts have lost some steam.
As demonstrated below, the sentences handed down in 2013 were a mixed bag, and (except for Frederic Bourke) all individuals cooperated with the government to some extent.
Foreign Corrupt Practices Act (FCPA) enforcement activity in 2013 was robust, with the DOJ and SEC bringing 31 new FCPA enforcement actions, exceeding 2012’s total of 25.
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