FCPA

Recent media reports have revealed numerous scandals tied to COVID-19 throughout Latin America. Miller & Chevalier’s Alejandra Montenegro Almonte and Greg Bates discuss several of these scandals and offer guidance to help all organizations mitigate the risk of corruption. The coronavirus pandemic and the longstanding challenges of corruption and bribery in Latin America together have created a perfect storm of...

Swiss pharmaceutical giant Novartis has recently been on the receiving end of two significant enforcement actions: the first for violations of the Foreign Corrupt Practices Act; the second for violations of the False Claims Act and Anti-Kickback Statute. Tom Fox details the bribery schemes and the internal control failures, outlines just how much Novartis has lost as a result and...

The DOJ and SEC recently released the second edition of the Foreign Corrupt Practices Act (FCPA) Resources Guide, marking the first changes since 2012. Tom Fox discusses their rationale for the update, covering the new hallmark, the FCPA corporate enforcement policy, the accounting provisions and policy and case law updates. Enjoy a sample from this download: The New Hallmark Obviously...

Americas Society/Council of the Americas (AS/COA) and Control Risks, the global specialist risk consulting firm, present the publication of the 2020 Capacity to Combat Corruption (CCC) Index, a data-driven analytical tool to assess Latin American countries' ability to uncover, punish and deter corruption. "The Index shows in detail how the anti-corruption wave that was advancing in Latin America a few...

Changes are on the horizon for FCPA prosecutions. Nicole Sprinzen and Kara Kapp of Cozen O’Connor offer guidance to help compliance professionals navigate the FCPA landscape given what’s to come, particularly in terms of white-collar prosecutions. Every consideration of whether to self-disclose a violation of the Foreign Corrupt Practices Act (FCPA) ultimately comes down to one key question: If the...

Jay Rosen explores proactive monitoring, which demonstrates the benefits of using a third party to fulfill the compliance mandates laid out by the DOJ. I have been looking back at some Department of Justice (DOJ) announcements over the past several years, as well as the FCPA Corporate Enforcement Policy, announced in November 2017, to consider what strategies companies can use...

Jay Rosen continues to review the DOJ announcements over the past year and the FCPA Corporate Enforcement Policy, announced in November 2017, to consider the strategies companies can use based upon these documents. Over the series I have explored what companies can do both internally and externally to incorporate the Benczkowski Memo (the “Memo”) and other DOJ guidance into their...

How can I possibly certify that 100 percent of my third parties, including all customers and vendors, are 100 percent FCPA compliant based on the new SEC/DOJ requirements? Frank Orlowski outlines a solution. Now that the SEC has gotten involved with FCPA, along with the DOJ, they have interpreted the FPCA statute to mean that a company must maintain a...

Jay Rosen continues looking at the DOJ announcements over the past several years, as well as the FCPA Corporate Enforcement Policy, announced in November 2017, to consider how companies can use this information externally to bolster their compliance programs. There are several areas from the DOJ guidance that make the use of external resources more impactful for a corporate compliance...

In this week’s installment on the ramifications of the Benczkowski Memo and recent DOJ policy changes, Jay Rosen considers how companies can use the information from the Memo to bolster their internal compliance programs. The DOJ now mandates that companies coming before them have an effective compliance program. The days of wheeling in a large stack of documents are long...

The DOJ recently announced a resolution of the longstanding FCPA enforcement action involving Ericsson, a multinational networking and telecommunications equipment and services company headquartered in Sweden. The matter was stunning in the total amount of fines and penalties assessed, coming in at just over $1.06 billion, consisting of a criminal fine assessed by the DOJ at just over $520 million....

Why culture is so important in minimizing FCPA risk