FCPA compliance

briefcase of money

Latin America’s Most Common Reaction to the FCPA

It seems unjust to some to be on the receiving end of American investigation or prosecution of bribery when the U.S. has its own issues with bribery. As a U.S. citizen enforcing American regulations on foreign soil, Matt Ellis has encountered this argument many times, and he's found several ways to respond to the complaint so as to legitimize ...

Nagel Photography / Shutterstock.com

The Sigelman Case and the DOJ’s FCPA Trial Record

Some are foaming at the mouth about the outcome of the FCPA trial of former PetroTiger CEO Joseph Sigelman. However, while the Department of Justice isn't overjoyed with how the case turned out, the outcome isn't at all unusual. The key takeaway here: you win some, you lose some. Will the DOJ overhaul it's FCPA enforcement ...

santiago

Corruption Scandals in…Chile?

Chile has historically ranked among the least corrupt countries in Transparency International's Corruption Perceptions Index, but past performance isn't always a great indicator of future results. Recent scandals in the country serve as an excellent reminder that corruption can rear its ugly head anywhere, even in areas not typically associated with bribery and improper conduct.

Ugis Riba / Shutterstock.com

FIFA, the DOJ and the Global Fight Against Corruption

The first step to recovery is admitting you have a problem. Let's grab onto that metaphor. Despite corruption that's been endemic for years, FIFA has not only not yet taken that first step, the organization is still balancing precariously on wobbly legs. With the DOJ having recently charged more than a dozen FIFA officials, however, the ...

silenced

The Attorney-Client Privilege in FCPA Internal Investigations

We all have at least a cursory understanding of attorney-client privilege, whether through our own legal dealings or from catching an episode of Law & Order now and then. Latin-American countries are beginning to learn the importance of the concept in the midst of FCPA investigations. Lesson one: how do we structure the review? And what ...

dust

FCPA Perspectives – What is Old is New

The U.S. government has been battling corruption for four decades through the Foreign Corrupt Practices Act, and in that time, some on the front lines of international business may have grown so accustomed to hearing about FCPA compliance that it begins to sound like white noise. Let's not let our guard slip... FCPA compliance is more crucial now ...

John de la Bastide / Shutterstock.com

The FIFA Indictments and Travel Act Prosecutions under the FCPA

Last week, 14 officials and individuals associated with FIFA were indicted on corruption, racketeering, and conspiracy charges. And while the defendants haven't exactly violated the FCPA, U.S. authorities are bringing charges under the Travel Act, which prohibits the use of the mail or any facility in interstate commerce to engage in illegal activity.

mexico

Anti-Corruption Reform Moving Forward in Mexico

Think about the Mexican government and likely the first word that springs to mind is "corrupt." It's an association the country is working to overcome, evidenced by the imminent implementation of a National Anti-Corruption System. The government's reputation for corruption will no doubt take years to correct, but they're on their way.

sec enforcement

SEC Enforcement and Compliance Priorities 2015

SEC enforcement actions have been on the rise for some time, a pattern that's only likely to continue given recent developments. The agency is more willing than ever to take cases to court, and last year saw the single largest whistleblower award to date. Bradley Bondi, SEC compliance and enforcement expert, outlines the agency's focus for 2015.

international law

Assuring Regulatory Compliance Doesn’t Get Lost in Translation

With the expansion of large multinational corporations into developing countries, a proliferation of global regulatory enforcement actions, including anti-bribery and anti-corruption, has risen. Executives, including general counsel, compliance and risk officers, are smart to plan in advance for potential regulatory investigations.