Tom Fox

When the Foreign Corrupt Practices Act became law years ago, it was never intended to be used as a tool to fight terrorism. But as recent terror activity has illustrated, corruption and terrorism go more than hand in hand; the first helps to create the second. And as we look for more innovative ways to secure the world against terror, addressing its root enabler—corruption—is an area where even compliance officers can do their part.

Image: We often hear of a rogue employee who is really to blame for a major corruption scandal, but how often do bad apples really cause the problem? And how much is a wider corporate culture—perhaps even one that allows for, or encourages, rogue actors—a more likely source of problems? FCPA blogger Tom Fox examines the recent Tesco accounting corruption scandal.

Image: A recent Financial Times article says that non-U.S. corruption scandals have outpaced those which are U.S.-centric and, FT points out, the companies at the heart of these scandals fared pretty badly from their own transgressions. Inside, FCPA blogger Tom Fox examines the cases of Volkswagen, whose emissions fraud has caused the company’s share price to drop more than 30 percent; iconic Japanese entity Toshiba’s $1.3 billion accounting scandal; and Swedish company Industrivärden, whose perquisite scandal has decimated the board of directors. All of this and no mention of FIFA. What will 2016 bring?

Image: Social media has certainly changed the way we communicate. Just look at federal securities fraudster Martin Shkreli, known for his extreme social media use, who has continued the practice (not surprisingly) post-arrest. According to the New York Times, Shkreli posts selfie videos “as if the possibility of going to prison were just a bump in the road.” These kinds of cases could bring a new worry for defense attorneys: a client’s use of social media to proclaim innocence and denounce the government—right up until convicted.

Image: You might think in today’s corporate world “tone at the top” would be so well worn that you need not repeat it. Yet, tone at the top apparently did warrant repeating for former FIFA head Sepp Blatter. Earlier this week, Blatter announced he would fight the eight-year suspension placed upon him by FIFA’s ethics committee for his part in the scandal—a part, Blatter maintains, he did not play. During his press conference the outraged exec railed, “I am ashamed that the committee goes against the evidence presented. They have no right!” Um, don’t they?

Image: A recent court ruling found that employees who reported suspected illegal conduct to their employers rather than to the SEC are entitled to the Dodd-Frank Act anti-retaliation protections. The decision, however, conflicts with a prior court decision, where the court refused to give weight to the SEC’s interpretation of the statute or its interplay with the Sarbanes-Oxley Act anti-retaliation provisions. CW FCPA blogger Tom Fox explores the cases and the confusion around determining anti-retaliation protection eligibility.