FCPA

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

The DOJ recently announced updates to its FCPA Corporate Enforcement Policy. Michael Volkov shares how, while the changes were relatively minor, the modifications underscored important principles surrounding the FCPA Corporate Enforcement Policy. There is no question that the DOJ has landed on a Corporate Enforcement Policy that took years to develop. The FCPA Corporate Enforcement Policy now applies to all corporate...

The bribery described here is audacious; the scale of the corruption is stunning.  Monaco-based Unaoil maintained a global scheme of wrong-doing that involved more than 1,400 employees, 10 countries and at least 27 different entities. The company pleaded guilty in March to arranging millions in bribes, making it one of the most significant FCPA enforcements of all time.  Will this...

In multiple recent cases, it seems the DOJ has softened its approach on charging self-disclosing companies for FCPA crimes involving aggravated circumstances. Bass, Berry & Sims’ Lindsey Fetzer, Thad McBride and Abby Yi discuss the implications. The U.S. Foreign Corrupt Practices Act (FCPA) does not mandate self-disclosure of potential violations. However, when determining whether to charge a corporation and how...

Some apparent deficiencies have come to light in Japan’s prosecution of foreign bribery, and the OECD is urging the country to take action to close loopholes and stiffen penalties. Clifford Chance’s Wendy Wysong, Tess Forge and Catherine Ho weigh in. with co-authors Tess Forge and Catherine Ho In June 2019, the Organization for Economic Cooperation and Development (OECD) Working Group...