Posted inAnti-Bribery

February 1 Deadline for Data Transfer Clarity

February 1 is a date that all U.S. and EU compliance practitioners need to circle. Itโ€™s the deadline for the U.S. Department of Commerce and the European Commission to reach a deal regarding the transfer of data from EU countries to the United States.ย As of now, the two still canโ€™t agree on how U.S. spy agencies monitor Europeansโ€™ digital profiles. And if no agreement is reached, the movement of data from Europe to the United States could cause the initiation of an investigation and make compliance with any internal investigation around the FCPA much more challenging.

Posted inBoards & Shareholders

Board of Directors and Line of Sight Into Compliance Trends

Image:ย A board of directors must set the appropriate tone at the top for any organization. Yet it must do more than simply set the tone, sit back, and do nothing. A board needs to take a hard look at the information it is being presented and tell management to stop if executives approaching a line that could cross into illegal conduct. This week, FCPA blogger Tom Fox explores how a boardย can spot when the company might be moving toward an FCPA violation.

Posted inAnti-Bribery

Mike Oxley, the FCPA, and the Fight Against Terrorism

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 enablerโ€”corruptionโ€”is an area where even compliance officers can do their part.

Posted inAnti-Bribery

Tescoโ€™s Tone at the Top and the Myth of the Rogue Employee

Image:ย 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 cultureโ€”perhaps even one that allows for, or encourages, rogue actorsโ€”a more likely source of problems? FCPA blogger Tom Fox examines the recent Tesco accounting corruption scandal.

Posted inFrom the Archive

Compliance Convergence: the Consequences of an Export Control Failure

When a Hellfire missile intended to be shipped from Germany to the United States accidentally ends up in Cuba, more than a few eyebrows raised over it, especially since such sensitive cargo was handled by multiple shipping companies that never seemed to check the manifest or wonder why one of the most advanced weapons in the U.S. arsenal was heading to an old Cold War adversary.

Posted inRegulatory Enforcement

Are VW Execs Breathing Easier Now?

Image:ย Senior executives at Volkswagen took a very deep sigh of relief when the Justice Department announced a civil suit (?a suit many say is a cakewalk as opposed to the tougher policy set by the Yates memo) against the company for damages from its emissions fraud scandal. In addition, the proposed penalty under the Clean Air Act is only $19 billion. Volkswagen may well decide to negotiate a settlement without receiving any cooperation credit. CW FCPA bloggerย Tom Fox explores further.

Posted inAnti-Bribery

Some Costs of Corruption

Image:ย 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 companyโ€™s share price to drop more than 30 percent; iconic Japanese entity Toshibaโ€™s $1.3 billion accounting scandal; and Swedish company Industrivรคrden, whose perquisite scandal has decimated the board of directors. All of this and no mention of FIFA. What will 2016 bring?

Posted inAnti-Bribery

Using Social Media to Defend an FCPA Criminal Charge

Image:ย 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 โ€œas if the possibility of going to prison were just a bump in the road.โ€ These kinds of cases could bring a new worry for defense attorneys: a clientโ€™s use of social media to proclaim innocence and denounce the governmentโ€”right up until convicted.

Verify your email

We'll send a verification code to .

Gift this article