All Anti-Bribery articles – Page 49
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Blog
Flying the Unfriendly Skies of Investigations and Resignations
Image: Title: SmisekRarely in compliance do you see a CEO resignation as unceremonious as the ouster earlier this week of now former head of United-Continental, Jeff Smisek (left). While his removal doesn’t involve foreign government officials—only local ones at the Port Authority of New York and New Jersey—it does provide ...
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Blood Is Not Thicker Than FCPA Risk
The SEC has now taken its first enforcement action in a “princeling” case, fining BNY Mellon for offering plum internships to the relatives of foreign officials to win business with their countries’ sovereign wealth funds. Inside, columnist Tom Fox looks at the case (which is probably the first of several) ...
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FCPA Lessons in Deflate-gate: Consistency of Discipline
For those in the FCPA world I would like to focus on one aspect of the court’s ruling: consistency in discipline. In Brady’s appeal, the court was highly critical of the fact that the NFL policy for discipline for first offenses involving equipment violations would result in fines rather than ...
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More ABC Angst in Latest Compliance Survey
Image: Fresh news from the world of surveys: Corruption risks have risen sharply in the last few years, and while compliance officers agree that an anti-corruption risk assessment is critical, many still struggle to perform that task well. So says the latest anti-bribery & corruption survey from KPMG. More findings ...
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Federal Judge Limits Scope of FCPA Liability
A recent decision by U.S. District Judge Janet Arterton for the District of Connecticut has rejected the Department of Justice's "accomplice" theory of liability under the Foreign Corrupt Practices Act, substantially limiting the reach of the government’s enforcement arm under the FCPA. The ruling in the case, in favor of ...
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Do You Have a Windows 95 FCPA Compliance Program?
I find the world of sports to be a rich source of tutorials on things not to do for the FCPA compliance practitioner; from suspending Tom Brady for events which happened after DeflateGate, to the St. Louis Cardinals hacking the Houston Astros (of all teams) to steal secrets around player ...
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More on Poverty, Bribery, and Compliance
Image: Earlier this week I wrote about poverty: how its brutal reality makes corporate compliance programs so difficult to implement, because people in emerging markets (foreign officials and employees alike) need to take bribes to survive. Then came a recent conversation with a foreign official in said emerging markets, and ...
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FCPA and Pursuing Foreign Officials: The Mikerin Example
Image: Many Europeans wonder why the U.S. Justice Department does not prosecute foreign officials who receive bribes in violation of the FCPA. The reason, according to CW blogger Tom Fox, is that the FCPA is a supply-side law that does not criminalize the receipt of bribes. But the Justice Department ...
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Global Transparency Failures Endure, Adding Risk
Image: One of the great challenges for U.S. compliance officers as they build global programs is the basic lack of transparency into enforcement information in other countries. Two new reports give a better scope of the problem, even if the picture revealed is not terribly encouraging. “Getting access to information ...
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What’s Behind the Endemic Nature of Bribery: Poverty
Image: For all a company’s efforts to preach anti-corruption compliance worldwide, one ugly fact endures: Too many people in too many countries still need to pay bribes simply to survive. Ethics training has virtually nothing to do with the problem, editor Matt Kelly writes. The real challenge is how we ...
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Naming and Shaming in FCPA Enforcement
One thing that critics of the Foreign Corrupt Practices Act constantly flail is the (alleged) lack of individual prosecutions under the law. Perhaps naming and shaming individuals responsible for actual FCPA violations would get word to the business community to take anti-corruption more seriously.
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Gerald Green and Draconian Results of an Adverse FCPA Verdict
Gerald Green, one of the few individuals who went to trial against the Justice Department in a case where the government alleged violations of the Foreign Corrupt Practices Act, passed away last week. Green and his wife Patricia were convicted in 2009 of conspiring with others to bribe a Thailand ...
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Holy Orders: Vatican Picks Up Pace in AML Fight
Image: In recent years money laundering has engulfed numerous international institutions, such as the Vatican, which has been roundly criticized by Italian prosecutors for both its failure to carry out appropriate due diligence over its customers and its inability to track suspicious transactions. Those criticisms have led to some dramatic ...
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PetroBras Denies Potential FCPA Settlement
Image: Last week PetroBras said in an SEC filing that it is not working with U.S. regulators to end the long list of corruption charges leveled against the company. That statement is merely the latest in a long list of unusual events in the compliance spectacle that PetroBras has become, ...
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Few OECD Member Countries Make Good on Anti-Bribery Pledge
Many of the member countries to the OECD’s Anti-Bribery Convention are not doing enough to prevent bribery and corruption, according to a new report from Transparency International. Twenty-two of the 41 signatory countries have “failed to investigate or prosecute any foreign bribery case during the last four years,” TI said. ...
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Walmart FCPA Costs Reach $675 Million
Walmart disclosed in an earnings call that its costs for potential violations of the Foreign Corrupt Practices Act have well surpassed the half-billion dollar mark, reaching a whopping $675 million. To date, the retail giant has spent $63 million in total FCPA-related expenses in fiscal year 2016. Details inside.
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BNY Mellon Settles FCPA Charges for $14.8 Million
The Bank of New York Mellon has agreed to pay $14.8 million to the SEC to settle charges that the bank awarded plum internships to the relatives of Mideast government officials in exchange for business managing those countries’ sovereign wealth funds. “These officials sought, and BNY Mellon agreed to provide, ...
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FIFA Takes Steps Toward Transparency
Image: FIFA, the governing body for professional soccer that is mired in controversy and allegations of corruption, may be taking the first steps to transparency and better performance: The group has hired an outside law firm to conduct an exhaustive look at its business practices and to review possible corrupt ...
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The Man From U.N.C.L.E. and Modern FCPA Enforcement
I recently saw the movie The Man From U.N.C.L.E. It was a rollicking good movie, stylish, set in great locations, with a fabulous score and all the Guy Ritchie touches you would expect. The action all took place in Europe and the locals and governmental cooperation among the U.S., U.K. ...
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Soma Oil & Gas Faces Corruption Probe by SFO
The U.K. Serious Fraud Office recently announced that it has opened a criminal investigation into London-based Soma Oil & Gas Holdings relating to allegations of corruption in Somalia. Soma Oil & Gas confirmed that it has been informed by the agency of the investigation. More inside.