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.
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 ...
An effective compliance program is predicated on trust; without employees' trust in their compliance officer, the compliance function is unlikely to be regarded seriously. This is especially true in Latin America, where building strong relationships and engaging staff face to face is of utmost importance. No "tick box" compliance programs welcome here.
It's no secret that Miami serves as a sort of bridge to Latin America. For that reason, it's home to several Foreign Corrupt Practices Act enforcement officers specializing in Latin America. FCPAmericas' Matteson Ellis attended the American Conference Institute's recent Anti-Corruption Boot Camp in Houston and today shares with CCI what these experts had to share.
Latin America is known for high levels of corruption, but what's driving corruption in the region? The main culprit is huge economic disparity - most of the population is poor, the rich are VERY rich and power resides with the wealthiest and most connected families. The disproportionate distribution of wealth impacts corruption risk in five main ways...
Sensitive discussions about potential bribery lend themselves more to one-on-one encounters than larger, formal settings. The catch is that in these situations, you’ve got to make a compelling case for compliance – and quick. Consider leading with these five talking points to convince Latin American executives to redouble their efforts to prevent FCPA violations and minimize sanctions.
Latin America is a region of great diversity, from the food to the languages to the cultures and the people. This also means that the forms of bribery in the region can be extremely diverse. Nonetheless, there are some common threats that FCPA practitioners in the ...
In the world of FCPA enforcement, 2013 was a big year. Some have pointed out, “After getting off to a slow start, with no official corporate FCPA settlements announced in the first quarter, 2013 witnessed two of the top 10 biggest settlements of all time.”
While some values-based approaches promote attitudes like “our company does things honestly” and “if you bribe, you harm markets and democracies and you aid criminals,” an emotional approach takes values a step further.
Tom Fox continues his series of interviews with prominent members of the FCPA commentariat. Today's guest is Matteson Ellis, author of the FCPAméricas Blog.