It has finally come to pass: the first deferred-prosecution agreement under the U.K. Bribery Act. From the role of judicial oversight (greater than that in the United States) to the final statement of facts (much greater than that in the United States), the settlement with ICBC Standard Bank is full of lessons for compliance officers to weigh. Inside, our columnist Tom Fox works through the DPA and starts the pondering. More inside.
Tom Fox
Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in compliance through his best-selling book Upping Your Game. He has 38 other books on the use of AI in compliance and business ethics, leadership including the seminal work, The Compliance Handbook, with its 7th edition coming out in 2025. He is the founder of the award-winning Compliance Podcast Network.
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The Press and Exposure of Corruption: BAT Is Next
Allegations of bribery can come to light in many ways, but one way not usually mentioned—that was prominently featured last week—is through news reports. This time the media outlet was the BBC, and the allegations were that bribery at British American Tobacco Co. had occurred in violation of the Bribery Act. Our Man From FCPA, Tom Fox, reviews what was exposed and the potential consequences for BAT.
First DPA Under U.K. Bribery Act
Image: On Monday the U.K. Serious Fraud Office announced its first deferred-prosecution agreement under the Bribery Act for bribes ICBC Standard Bank Plc paid to government officials in Tanzania intended to sway their favor toward a proposed $600 million private placement. Inside, our anti-corruption blogger Tom Fox explores what lessons U.S. compliance officers might glean from the sanction.
Checking Up on GSK in China
When thinking through an FCPA risk assessment, one thing usually not considered adequately is a company’s sales culture. To see the consequences of that, one need look no further than GSK’s corruption troubles in China—but, CW blogger Tom Fox writes, the reforms GSK has implemented with its sales force are just as telling, too. Our Man From FCPA has more inside.
Should the FCPA Apply to International Sports Agencies?
Image: What’s happening with the intersection of sports and corruption? It seems as if several pillars of the international sporting world have come crashing down in the past few months through corruption scandals. Yet the FCPA usually does not apply in these corruption cases. Why? Tom Fox, our man from FCPA, has more inside.
FIFA as ‘Victim’: Your Response Matters When U.S. Government Pays Visit
Image: One lesson from the FIFA corruption scandal is that when the U.S. government comes knocking, it requires a serious and thoughtful response. So far, now-suspended FIFA president Sepp Blatter (left) has responded in a way decidedly not serious and thoughtful. Our anti-corruption blogger Tom Fox takes a closer look at how companies should behave when U.S. authorities visit, whether the company likes it or not. More inside.
Marrying Compliance Culture to Compliance Behavior
Image: A study by the Cranfield School of Management has identified five key concepts for companies to employ toward effective risk management. In a nutshell: anticipate problems; have adequate resources; flow information to the board; respond quickly to any incidents; and learn from the past. CW’s Tom Fox has more inside.
Yates and Caldwell Lay Out Their FCPA Expectations
Image: Deputy Attorney General Sally Yates (left) and Assistant Attorney General Leslie Caldwell talked last week about what they, and more importantly the Justice Department overall, expect from companies that want to receive as much credit as possible when embroiled in a Foreign Corrupt Practices Act investigation. What companies should do: voluntarily self-disclose, fully cooperate, timely and appropriate remediate—is it that easy? CW’s FCPA blogger Tom Fox explores further inside.
Jumping on the VW Amnesty Microbus
Image: Last week Volkswagen offered amnesty to employees who admit any role they played in the emissions-testing scandal currently wracking the company—no doubt drawing upon the success Siemens had when it made a similar offer to employees during a 2006 Foreign Corrupt Practices Act investigation. Opinions differ on the move, but many seem to agree that VW employees would be wise to jump on the Amnesty Microbus sooner, rather than later. Our Man From FCPA Tom Fox has more inside.
On Advertising and the FCPA
Image: When can advertising violate the FCPA? That might not be a question often on the minds of compliance officers. The ongoing FIFA corruption scandal, however, demonstrates that any expenditure going out of a corporation may well need to be considered from an anti-bribery angle. Tom Fox, our Man From FCPA, has more.
