FCPA

Audrey Harris, partner and co-chair of Mayer Brown’s global anti-corruption & FCPA practice, talks all things anti-corruption – from Jay Clayton’s critique of regulators’ lackluster enforcement to the next frontier of compliance. CCI: Tell us about your background. How did you get your start in compliance? Audrey Harris: After Georgetown Law, I spent my associate and early partner years at...

Michael Volkov details the recent FCPA settlement against Barclays for improper hiring practices stretching back several years. One key factor that allowed the issue to continue for so long: a seeming lack of awareness of applicable anti-corruption laws. Barclays joined the club of global financial institutions settling FCPA violations for hiring of relatives of foreign officials in Asia. Barclays agreed to...

The 2005 docudrama Syriana captured the moment just before FCPA enforcement reached the great heights we’ve come to expect today. Anne Eberhardt theorizes on the areas where authorities may focus next. The makers of the film Syriana posed several intriguing questions. Just how poisoned by Big Oil is the American foreign policy establishment? What exactly is Syrian about a film...

Deutsche Bank’s hiring practices in the Asia-Pacific region have exposed the institution to corruption risk, and SEC has taken note. Michael Volkov provides details on the company’s recent FCPA settlement with the SEC. If there ever was a poster child for reputational damage for a financial institution, Deutsche Bank would be the first and only candidate. Talk about a bank that...

The Microsoft FCPA resolution was recently announced, with the total fine and interest paid by Microsoft to the SEC at approximately $16 million via a cease and desist order. The DOJ resolved its investigation via an NPA, and Microsoft President Brad Smith has acknowledged the FCPA violations publicly, saying "there is no room for compromise when it comes to ethical...

Entering new markets requires copious amounts of due diligence. While there are risks of corruption and bribery, Greece offers many intriguing perks. KLINK President and CEO Jeffrey Klink outlines the current opportunities and risks of conducting business in Greece. In today’s global economy, finding the right avenues to maximize opportunities and mitigate risks is crucial to protecting your most important...

Corporate ownership in China isn’t always crystal clear. One safe approach: just assume the business is state owned. Tom Fox discusses FCPA guidance for companies with business dealings in China. How important is due diligence on those with whom you do business? Why does it matter if a company is owned or controlled by a foreign government or a political...

Matteson Ellis describes what a compliance policy for ephemeral communications should look like – a concern for Latin American countries in particular, where WhatsApp is used widely. Perhaps in no region of the world is WhatsApp used more frequently than in Latin America. From Mexico to Patagonia, people rely on the application constantly for both personal and professional use. With...

Early last month, the CFTC issued new advisory addressing foreign corrupt practices. Willkie Farr attorneys provide highlights and discuss implications.

Under the FCPA, companies can be punished not only for the wrongful things they do, like paying bribes, but also for certain things they don’t do. In particular, the FCPA’s accounting provisions require companies to have internal controls in place. When companies do not have certain protections, such as appropriate accounting systems and anti-corruption policies, procedures and processes, they risk...

The Department of Justice has recently amended its policy on corporate enforcement of the Foreign Corrupt Practices Act. Michael Volkov covers the DOJ’s clarification of the de-confliction parameters, as well as its stance on the use of ephemeral messaging systems like WhatsApp.

Today, TRACE International releases its ninth annual Global Enforcement Report (GER), a country-by-country look at government-led investigations into suspected bribery allegations. Findings in the report include: A notable growth in U.S. enforcement, with the number of U.S. enforcement actions increasing by 50 percent, approaching the record-setting volume of 2016. In Europe, investigations increased by approximately 37 percent, and the region...