FCPA

2022 will probably be a lot like 2021, only more so. With most key federal positions filled, the Biden Administration is in a position to ramp up enforcement over the next twelve months. A rundown of top white-collar crime enforcement issues from 2021 informs the enforcement trends we expect to see more of in 2022.

Credit Suisse agreed to pay $547 million to resolve a bribery and fraud scheme involving investments and financing arrangements for $850 million loan for the EMATUM tuna fishing operation. The fallout has dealt the Mozambique economy a crippling blow. Credit Suisse Group AG, a global financial institution, and its London-based European subsidiary, Credit Suisse Securities (Europe) Limited (CSSEL) on October...

DOJ says scheme involved diverting millions from company into slush fund and paying bribes to Brazilian government officials, political parties and others. A Brazilian man who previously served as the chief executive officer of Braskem S.A., a publicly traded Brazilian petrochemical company, was sentenced Oct. 13 in the Eastern District of New York to 20 months in prison for a...

WPP plc grew in to the world's largest advertising agency, in part, by acquiring thousands of subsidiaries. While it found success leveraging the expertise of these acquisitions, it was unsuccessful in establishing a culture of compliance among them.

A former Ericsson employee allegedly employed "financial sleight-of-hand involving a sham consulting contract, a false due-diligence report, and fake invoices" to conceal a bribe to Djiboutian government officials. The DOJ broke with previous practices in indicting him personally. In a surprising (but fully warranted) twist, the Justice Department returned an indictment on September 8 against a former employee of Telefonaktiebolaget...

Doing business in Nigeria presents manifold challenges. But in terms of hurdles to clear, the regulations imposed by the FCPA are easily the most significant. Abuja-based Uchechi Dibiaezue lays out the dance steps below. Tap Compliance to Stave Off FCPA Violations The lapses in governance and administration in Nigeria has created opportunities for systematic corruption and shapes the way business...

Published earlier this summer, the Engel List identifies over 50 prominent politicians and business people living in the Northern Triangle countries of Guatemala, Honduras and El Salvador. The move signals a renewed focus by the Justice Department in the region. On July 1, 2021, Secretary of State Antony Blinken issued a report listing 55 individuals suspected of corruption and antidemocratic...

Foster Wheeler has recently settled a long-standing corruption investigation regarding the use of Unaoil to pay bribes to secure business. Tom Fox details the corruption allegations and outlines takeaways for the compliance practitioner, specifically around the FCPA penalties the company incurred, the internal controls (or, rather, the lack thereof) that allowed the corruption to fester and Foster Wheeler's due diligence...

Per the DOJ and SEC, “successor liability applies to all kinds of criminal and civil liabilities, and FCPA violations are no exception.” Here, experts discuss implications for corporate liability in the parent-subsidiary and M&A contexts.

2020 was a very significant year for every compliance practitioner and compliance program. Not only was it the year with the single highest Foreign Corrupt Practices Act (FCPA) fine ever -- and the largest year in total FCPA fines to date -- but there were significant enforcement actions, fines and penalties assessed against corporations, coupled with a large number of...

Hogan Lovells’ Stephanie Yonekura and Ann Kim examine the impact of mammoth relief spending, widespread remote work and other key developments on anti-corruption that enforcement will have globally in the near future. The massive sums of government funds allocated to respond to the COVID-19 pandemic and an unprecedented urgency to distribute those funds have created opportunities for corruption at the...

As we enter 2021 with considerable uncertainty, a new report from Hogan Lovells highlights expectations for a year that will be shaped by ongoing political disruption and pandemic-related pressure. Despite these unpredictable times, Hogan Lovells attorneys have identified several unifying trends across key industries and jurisdictions globally, including: An expectation for continued cross-border enforcement activity and collaboration. The alignment of...