FCPA

Mitigating the Risk Posed by Introducers Wendy Wysong and associates at Clifford Chance write on the rise in prominence of “introducers” in Asia-Pacific countries and explain how the use of introducers can expose the organization to corruption risk. The team also discusses several recent cases that have resulted in fines and imprisonment. with co-authors Janice Goh and Feifei Yu Introducers...

Conspiracy Count Dismissed in Ruling on United States v. Hoskins In a recent case heard by the U.S. Court of Appeals, Lawrence Hoskins, a former executive at Alstom, was charged with conspiracy to bribe foreign officials. The Court’s decision in the case calls into question just how long the DOJ’s reach really is with respect to the FCPA. The Justice...

The Implication for Non-FCPA Related Cases Michael Volkov discusses the Justice Department’s FCPA Corporate Enforcement Policy, enacted late last year; its efficacy so far; and its potential impact on corporate criminal cases unrelated to the FCPA. The Justice Department’s FCPA Corporate Enforcement Policy was announced in November 2017 with much fanfare – it was the culmination of a step-by-step process...

Corporate Criminal Liability for Bribery in Asia-Pacific While individual employees and company representatives are responsible for acts of bribery in the majority of cases, the trend in Asia-Pacific countries is toward greater scrutiny of corporations. with co-authors Jenni Hill, Lei Shi, Janice Goh, Tess Forge and Akanksha Bhagat Prosecutors, legislators and regulators in Asia-Pacific are increasingly rejecting the view that...

A Bribe is a Bribe Why do organizations use sanitized language rather than more direct verbiage? A new generation of business leaders and employees is beginning to question the need for corporate speak. Michael Volkov discusses the need for a new approach. Language communicates more than just words – indeed, the use of language reflects much more than simple communication....

"Resources Reflect Policy" and Other Observations Michael Volkov discusses themes emerging in the DOJ’s and SEC’s enforcement of FCPA violations thus far in 2018. There are two distinct themes in FCPA enforcement: The first is consistency (i.e., that some enforcement actions are relatively consistent across the board), and, in the last five to 10 years, the FCPA caseload has been...

Recently, Credit Suisse settled an FCPA enforcement action to the tune of $77 million for the illegal hiring of family members and close personal friends of Chinese government employees, as well as employees in Chinese state-owned enterprises. Compliance expert and long-time CCI contributor Tom Fox explores the details, the result of the investigation and the implications of the enforcement action...

The History of FCPA Enforcement, Part 2 In Part 1 of this two-part series on the history of the enforcement of the FCPA, Anne Eberhardt discussed some of the factors that led to its creation. In this second part, she describes how the FCPA evolved into one of the most feared law enforcement tools. The FCPA was signed into law...

The History of FCPA Enforcement, Part 1 Anne Eberhardt, Senior Director at Gavin Solmonese and an expert in FCPA, forensic, compliance, fraud and corruption investigations, offers a brief history of the FCPA. In this first installment, she provides historical context for the regulation, discusses its 1977 enactment and touches on the international community’s response. On March 15, 2018, Eberhard Reichert...

Those bemoaning the lack of Foreign Corrupt Practices Act (FCPA) enforcement activity can cease. With the Dun & Bradstreet Inc. (D&B) declination in April and May’s enforcement action involving Panasonic Avionics Corporation (PAC) and its parent Panasonic Corporation (Panasonic), U.S. regulators at the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have roared back with not only significant enforcement actions, but more importantly...

Political Ties This article will dig deep into the issue of whether President Trump's lawyer, Michael Cohen, should be concerned about potential FCPA violations on the heels of revelations about payments received from multi-national corporations. It's a complicated issue since the FCPA is very specific about limiting American influence on foreign nationals, but is much less so when defining how...

The State of Corruption Risk in Latin America The biggest-ever corruption and bribery investigation in Latin America has seen scores of business leaders and politicians end up in prison. So riveting is the story that it’s now been dramatized into a series and streamed on Netflix. Andy Webb-Vidal explains the real-life lessons that compliance officers and risk managers need to...