Corruption

Finding FCPA Violations in Employee Expense Reports

May 01, 2012

Travel and entertainment expenses have long been a haven for abuse, but since the dollar amounts are often insubstantial, companies don't always pay close attention to them. Companies are now finding, though, that they can be a conduit for bribes. "If T&E goes unchecked, it can make a company susceptible to allegations of corruption," says Andrew Levi, head of the Miami office at investigation firm Nardello & Co. How to root out fraud? More inside.
 

Walmart, in Damage Control Mode, Appoints Global FCPA Head

April 25, 2012

Walmart shifted into full damage control mode last week, following allegations of a massive bribery and corruption campaign at its Mexico operations. It has issued a statement on the charges and announced it will appoint a global FCPA compliance chief along with making other "enhancements" to its FCPA compliance practices. Details inside.
 

Targeting the Demand for Facilitation Payments

March 27, 2012

A group of energy companies is banding together to press countries where demand for facilitation payments is high to adopt new practices that combat such requests. Among the solutions the group is pursuing are better documentation of government service fees and procedures, automated payment processes, and more training for officials. The group now hopes to expand beyond its own industry. Details inside.
 

Building an Effective Global Anti-Corruption Program

March 20, 2012

What are the hallmarks of a best-in-class anti-corruption compliance program? Anti-corruption experts cite five standard elements: a risk assessment, one global set of standards, wise use of technology, a strong tone-at-the-top, and constant monitoring of effectiveness. Companies that incorporate these characteristics will go a long way toward reducing corruption risks. More inside.
 

A Holistic Approach to Diagnosing Corruption

March 06, 2012

Companies with the most sophisticated anti-corruption capabilities do more than resolve the issue and identify its direct cause; they also periodically examine their entire portfolio of corruption issues to better understand how those issues all interact. Inside, the latest installment of our GRC Illustrated series offers insights on the challenges of corruption issue management.
 

Third-Party Corruption Risk: What You Should Know

January 31, 2012

Want to know one of the surest ways to strengthen your organization's anti-corruption capabilities? Start by discovering what you do not understand about the third parties that help you do business abroad. In the latest installment of our GRC Illustrated series, we offer some insights on how to get started on assessing third-party corruption risk.
 

Workplace Ethics on the Decline?

January 17, 2012

A new survey from the Ethics Resource Center indicates that workplace ethics may be deteriorating. The survey found a rise in retaliation against whistleblowers, more employees who say they feel pressure to compromise standards, and an increase in the number of companies that are considered to have weak ethics cultures. More survey results inside.
 

Study: Fraud Reporting Hits Record Levels

September 13, 2011

Reports of corporate fraud now account for one in every five calls to compliance departments, according to a new study. The increase is due partly to more fraud, but also to an increase in employees' willingness to report it, say the study authors. "There is more awareness in regard to fraud in the market today and less tolerance," says Glenn Pomerantz, a partner at BDO Consulting. Full details inside.
 

Germany Creates a Standard for Compliance Assurance

August 30, 2011

After several high-profile compliance failures in Germany, many companies there are looking for help building compliance systems and asking audit firms to assure that they are suitable. But audit firms, fearing liability, had been reluctant to provide that assurance. Now, a new standard from a German accounting organization provides a roadmap for auditors to follow and guidelines for completing the assurance process.
 

The Dos and Don'ts of Corporate Hospitality

July 26, 2011

Vigorous enforcement of the Foreign Corrupt Practices Act is causing some companies to second-guess their compliance efforts. In the latest example, a company recently asked the Justice Department for an advisory opinion on corporate hospitality questions that had already been clearly answered years ago. The Justice Department's (repeat) answer is inside.
 

British Regulator Issues Record Corruption Fine

July 22, 2011

Britain's Financial Services Authority has slapped a record £7 million ($11.4 million) fine on one of the country's biggest insurance brokers for failing to have good internal controls to prevent corruption. The regulator said Willis Limited had not done enough to monitor payments to third parties that helped the broker win contracts in Russia and Egypt.
 

Courts Reject Claim that Bribery Raids Were Unlawful

July 14, 2011

The UK Serious Fraud Office can restart its bribery investigation into Alstom after the courts refused a legal challenge from two of the engineering company's directors.
 

Fraud Chief Warns Foreign Companies as Bribery Act Goes Live

July 01, 2011

Britain's tough new anti-bribery legislation finally took effect today, and was greeted with a warning from the head of the Serious Fraud Office that foreign companies would be in his firing line.
 

Fight Against Corruption Losing Momentum

May 27, 2011

International efforts to tackle bribery and corruption are losing momentum, according to Transparency International (TI), an anti-corruption group
 

Latest FCPA Trial Sheds New Light on State-Owned Companies

May 24, 2011

Executives at Lindsey Manufacturing had hoped to challenge the Justice Department on its assertion that the Foreign Corrupt Practices Act applies to payments made to employees of state-owned entities. The bad news: They lost. The good news: The judge presiding over the case issued a clarification on the issue, which could help defenses in future FCPA cases. Details inside.
 

Companies Lacking in Facilitation Payments Policies

April 26, 2011

An examination of the codes of conduct at 40 oil and gas companies finds that more than half don't address the controversial topic of facilitation payments, and only two prohibit the practice outright. With enforcement of the U.K. Bribery Act—which outlaws such payments—just a few months away, it may be time to review your policy on the topic. More analysis inside.
 

U.S. Execs Lack Bribery Act Knowledge

April 21, 2011

As the July 1 deadline for Britain to begin enforcing its tough new anti-bribery law approaches, many executives in the United States are unprepared. Three-quarters of U.S. business professionals surveyed said they were not familiar with provisions of the Bribery Act, according to research from Deloitte.
 

KPMG Probed Over BAE Audits

October 28, 2010

British accounting regulators have started an investigation into KPMG’s auditing of controversial defense company BAE Systems.The company has for years been battling allegations that it paid bribes to secure arms deals around the world. Earlier this year it agreed on a settlement and substantial fines with prosecutors in the United...
 

Tax Haven Probe Finds Serious Matters

October 04, 2010

An independent investigation into government and judicial corruption in the Turks and Caicos Islands, a Caribbean tax haven, has uncovered “additional serious matters,” according to the person leading the inquiry.Helen Garlick, a former senior prosecutor at the U.K.’s Serious Fraud Office, was appointed to lead a criminal investigation after an...
 

U.K. Warns Cos. Against Paper Compliance on Bribery

September 20, 2010

The U.K. government has started consultation on how a key part of its new Bribery Act will work in practice, warning companies that they will need to “go beyond paper compliance” when the Act takes effect next April.Companies will face prosecution under the Act if staff or third-party agents pay...
 

UN Launches Anti-Corruption Academy

September 03, 2010

A United Nations-backed organization has opened in Austria this week with a brief to help compliance officers and others tackle corruption.The International Anti-Corruption Academy (IACA), based in Laxenburg, aims to meet what it says is a rising global need for training and research on corruption issues. It will also provide...
 

Barclays Forfeits $298 Million for Criminal Violations

August 20, 2010

Barclays Bank PLC, a United Kingdom corporation headquartered in London, has agreed to forfeit $298 million to the United States and to the New York County District Attorney’s Office in connection with violations of the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA), both...
 

U.K. Bribery Law Gets April 2011 Start Date

July 21, 2010

The U.K.’s new corporate offense of failure to prevent bribery will take effect from April next year, the country’s new government has announced.The offense came onto the statute book when the previous government finalized the Bribery Act 2010 in its last days in office this May, but a date for...
 

Jailed Corruption Whistleblower Wins Sentence Appeal

May 13, 2010

A U.K. appeals court has overturned a controversial decision to jail an executive who cooperated with the Serious Fraud Office in a high-profile corruption case.Robert Dougall, former marketing director at healthcare company DePuy International, pleaded guilty to corruption charges last month under a plea deal agreed upon with the SFO.The...
 

SFO Plea Plans Hit as Judge Jails Exec

April 15, 2010

Efforts by the U.K.’s Serious Fraud Office to use plea bargaining as a way of dealing with financial crime were dealt a further blow this week when a judge jailed an executive who had cooperated with the agency.Robert Dougall, a former marketing director at Johnson & Johnson subsidiary DePuy International,...
 

Campaigners Lose Bid to Block BAE Plea

March 25, 2010

Two anti-corruption groups have lost their court battle to delay approval of a controversial plea bargain between the U.K. Serious Fraud Office and arms company BAE Systems.The defeat for protest groups Corner House and Campaign Against Arms Trade clears the way for BAE to plead guilty to charges it agreed...
 

British Court Blocks BAE Plea Deal

March 03, 2010

Two anti-corruption groups have convinced a British court to delay final approval of a  controversial plea bargain between the U.K. Serious Fraud Office and arms company BAE Systems, complicating closure of what had already been a much-criticized prosecution.The ruling, issued March 2, means that BAE cannot plead guilty to the charges...
 

Bribery Campaigners Try to Wreck BAE Plea

February 18, 2010

Two anti-corruption groups have started legal action aimed at wrecking a controversial plea bargain reached between the U.K.’s Serious Fraud Office and arms company BAE Systems.The SFO had spent years investigating suspicions that BAE used bribery and corruption to secure deals worth billions of pounds in several countries, but ten...
 

BAE Agrees to $450m Settlement; Gets Off Lightly?

February 08, 2010

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SFO Charges BAE Agent Over Arms Deals

January 29, 2010

The U.K. Serious Fraud Office’s investigation into suspected bribery and corruption involving arms company BAE Systems has finally led to someone being charged with a criminal offense. An Austrian aristocrat, Count Alfons Mensdorff-Pouilly, was charged in connection with defense contracts between BAE and certain countries in Eastern and Central Europe....
 

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