FCPA

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...

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...

Facilitation payments are handled differently depending on where you're doing business. Under U.S. law, they're allowable in only very limited circumstances, but they're never warranted under UK regulations. So how should companies operating in India who are also accountable to FCPA authorities move forward?

U.S. franchisors doing business abroad come into contact with officials of foreign governments fairly frequently - if not once they're up and running, then certainly during the startup process. Each interaction presents an opportunity for an FCPA violation. And if and when a misdeed comes to pass, who's ultimately liable? The individual with boots on the ground or the corporation?

Bio-Rad has recently settled DOJ and SEC investigations into alleged FCPA violations, to the tune of $55 million. The U.S. company found itself in hot water after having allegedly made improper payments to Russian government officials. Russia is a notoriously difficult market to navigate when compliance is at stake, but the pharmaceutical industry may have a tougher go of it...

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.

CCI's CEO, Maurice Gilbert, dives in with Richard Bistrong, a regular contributor at CCI and a former VP of International Sales who experienced firsthand a brush with the Law as a result of some missteps on the front line. Richard shares here a bit about his story - from the deeds themselves to getting caught, cooperating with law enforcement, and...

The FCPA is one of many tools the DOJ and the SEC put to use in facilitating national security in the U.S. And while they are some of the largest players in protecting the nation's interests, compliance professionals working for global corporations also play a critical role in identifying vulnerabilities and doing serious due diligence to minimize risks.

It's been made clear that violations of the FCPA can do an organization significant reputational harm and result in some very steep fines. To minimize the damage an employee or agent does to your company when engaging in corrupt behavior, you must have excellent controls in place. Even if the infraction is egregious, the fallout can be minimal.

For some professionals engaged in corrupt behavior, often the rationale behind their impropriety is that no one is being hurt. Richard Bistrong argues that bribery is not a victimless crime. The damage done just might not be as obvious. And beware the seeming "win-win" scenarios when corruption risk is high; corruption is not in the company's best interests.

A recent ruling has weakened Hong Kong's anti-corruption and anti-bribery laws, limiting its enforcement power to its borders. The FCPA, UK Bribery Act, and anti-corruption laws of most other Asia-Pac countries stand in contrast to this position, holding perpetrators responsible for corruption wherever they're located.

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.