FCPA compliance


FCPA Enforcement: Corporate Crime and Punishment

It appears that due to a steady increase in cooperation requirements and a projected decrease in voluntary disclosures, the DOJ may be re-examining its incentives for corporations that self-report. While corporate penalties are integral in driving governance reform, so too are individual prosecutions. The challenge the DOJ is faced with at this point is striking a balance between ...


Yates and Outsourcing Government Investigations

Following the Department of Justice's recent Yates memorandum, we can fully expect individuals under prosecution to challenge their companies' internal investigations on the grounds that investigations essentially outsourced by the government should be subject to the same rules. So what does this mean for businesses aiming to provide evidence of their cooperation?


4 Clear Messages from the BMS FCPA Enforcement Action

The pharmaceutical giant Bristol-Myers Squibb has just paid more than $14 million to settle charges that its China-based joint venture made improper payments to health care professionals to secure sales. This is common practice in China, so one wonders why BMS wouldn't have a compliance officer on site in such a high-risk environment. And that's not the ...

VW passat

The Psychology of Cheating and FCPA Compliance

There are basically three varieties of corporate scandal. Volkswagen may have the dubious distinction of having pioneered a fourth, however. VW's emissions-testing scandal is result of its top leadership and senior engineers intentionally deceiving the public. This was no slow slide into fraud; there was at one point a specific decision made to cheat.


Highway 61 and IRS Involvement in FCPA Enforcement

If you need a reason to bolster your monitoring efforts, you may find the recent FCPA enforcement action against Vicente Eduardo Garcia to be quite instructive. One noteworthy feature of this investigation was the involvement of the IRS’s Criminal Investigation unit, the lesser-discussed of the DOJ’s two investigative bodies, called in to comb through mountains of data and ...


Farewell to Chocolate Thunder, Baylor Football and Due Diligence

Just as the football season kicks off, Baylor University is embroiled in scandal. One of the football team's prized recruits was recently convicted of sexual assault. Part of the trouble here is that the university doesn't seem to have done its homework on the athlete. When the story of his conviction broke, the finger pointing began. ...


Hiring Practices: A New or Old FCPA Compliance Challenge?

Is it possible to hire a relative of a foreign official AND remain compliant with the FCPA? Of course. But an organization making this sort of hire had better make sure each step in the process is above board. There are red flags to watch for and specific considerations to bear in mind, but when the ...

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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 ...