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How The DOJ’s New Guidelines on Monitorships is an Opportunity for Corporations

Posted by - October 23, 2018
Navigating New Criminal Division Guidance and Accelerating Remediation The Department of Justice’s Criminal Division has recently issued new guidelines for corporate compliance and monitorships, and Bart Schwartz, Chairman of Guidepost Solutions, discusses the opening they provide to businesses to reassess and bolster their compliance programs. In his remarks at the…
Libyan President Moammar Gadhafi at a state visit in 2008

Recent FCPA Cases: Lessons for Compliance Personnel

Posted by - October 17, 2018
Historic Corruption and Its Modern-Day Impacts Anne Eberhardt, CFE, CAMS and Senior Director at Gavin/Solmonese, discusses two notable cases involving corruption, bribery and consequent violations of the Foreign Corrupt Practices Act. Each offers instruction for compliance practitioners. This autumn we are commemorating two significant anniversaries: the 10-year anniversary of the…
exterior of Petrobras building

Petrobras Closes Out “Massive” Corruption Investigations and Litigation

Posted by - October 4, 2018
Resulting Settlements and Remedial Measures Brazilian oil and gas giant Petrobras has entered into a series of settlements in closing out corruption investigations and litigation. For a long period of time, corruption was endemic at the corporation (the DOJ estimates illegally generated funds for payments as at least $2 billion),…
department of justice building sign with American flag behind

DOJ Expands FCPA Corporate Enforcement Policy

Posted by - August 30, 2018
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…
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4 Current FCPA Enforcement Trends

Posted by - July 19, 2018
“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…
businessmen shaking hands

What to Expect When You Are Expecting (to File under HSR)

Posted by - July 17, 2018
Key Details from Recent Reports Large mergers and acquisitions can be high-risk, company-changing affairs. Besides the hefty filing fee of $45,000 or more and the onerous work required to complete the form, transactions that require filing under the Hart–Scott–Rodino Antitrust Improvements Act of 1976 are, by design, required in especially important…
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One of the World’s Most Feared Enforcement Tools

Posted by - July 5, 2018
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…
FCPA document with hands and gavel

How the Foreign Corrupt Practices Act Came to Be

Posted by - July 3, 2018
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…

Crash Landing: Lessons From the Panasonic FCPA Enforcement

Posted by - June 20, 2018
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…
closeup of judge striking gavel

What Is the Current State of Anti-Bribery and Corruption Prosecution?

Posted by - March 23, 2018
Trump and the FCPA Instances of global corruption pepper our newspapers and news feeds. Closer to home, allegations of corruption have taken center stage in the American political landscape, and President Trump has been openly critical of the Foreign Corrupt Practices Act, leaving many in the compliance field to wonder…
illustration of Donald Trump gesturing in front of American flag

The Trump Effect on FCPA Enforcement

Posted by - October 24, 2017
As U.S. Enforcement Lags, International Attention to Domestic Corruption Takes a Front Seat Despite assurances from senior DOJ officials that the U.S. would maintain robust enforcement of the FCPA, enforcement has waned in the first eight months of the Trump presidency, with the DOJ and SEC combined announcing only four…