FCPA compliance

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Multi-Party Conspiracies in Central America: The Latest FCPA Case

The recent FCPA investigation and enforcement action against Vicente Eduardo Garcia, a former executive at SAP International, revealed an individual intent on circumventing internal controls, one who knew the illegality of his actions and went to great lengths to disguise them. Lessons for the compliance practitioner? For starters, violations can occur without actual payments.

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A Boost in FCPA Declinations? Why FCPA Enforcement Has Fallen This Year

The number of FCPA declinations is on the rise, while the number of enforcement actions is at its lowest level in more than a decade. Now, this doesn't mean companies and individuals suspected of corruption are getting away with anything; instead, the drop in enforcement actions could have everything to do with the fact that the subjects of ...

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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 ...

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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 ...

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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.

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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 ...

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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 ...

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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 ...

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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.