Posted inRegulatory Enforcement

Are VW Execs Breathing Easier Now?

Image: 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 blogger Tom Fox explores further.

Posted inAnti-Bribery

Some Costs of Corruption

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?

Posted inAnti-Bribery

Using Social Media to Defend an FCPA Criminal Charge

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.

Posted inAnti-Bribery

Reform Starts at the Top for FIFA

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?

Posted inAnti-Bribery

Two Courts—Two Decisions on Whistleblower Protections

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.

Posted inFrom the Archive

FIFA and Its Banks: Twin Sons of a Different Genus?

Image: Numerous banks, such as BNP Paribas, HSBC, and Standard Chartered, are in talks with the Justice Department about what they knew in connection with the FIFA investigation. In their effort to thwart Swiss secrecy laws, U.S. investigators are trying for more unrestricted access to information in FIFA-concerned bank accounts. Meanwhile, a host of international financial institutions are all under DPAs for money laundering transgressions. CW blogger Tom Fox explores what impact, if any, these developments will have on traditional anti-corruption enforcement actions around the globe.

Posted inFrom the Archive

The Watergate Hearings and the VW Internal Investigation

What did the President know and when did he know it? Former Senator Fred Thompson wrote those lines, when he was a staffer on the Senate Watergate Committee. His boss, Senator Howard Baker, then uttered them during the Watergate Hearings. Since that time, these two lines have been a mainstay of any scandal or corruption investigation because the cover-up is almost always perceived to be worse for the participants than the underlying crime.

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