Image: While the recent Schrems decision has seen a signifcant focus on the lack of U.S. data privacy protection from government or company intrusion, CW’s FCPA blogger Tom Fox says the decision also raises issues with hotlines and internal investigations. With these two key components of any best practices compliance program seemingly unavailable to CCOs or compliance practitioners for EU-sourced information, Fox believes there will be additional pressure put on the compliance function. See more of his thoughts 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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Posted inAnti-Bribery
Chinese Open New Front in Anti-Corruption Investigations
The Chinese fight against bribery and corruption took an interesting twist earlier this month, when it was announced that the former head of the national oil company, Sinopec, was being investigated for bribery and corruption in the securing of contracts in Angola. If this investigation continues it could open a new and very different phase of China’s fight against corruption. Details inside.
Posted inAnti-Bribery
FIFA Misconduct Strikes Again, at German Prestige
Image: The German magazine Der Spiegel is reporting that the committee set up by the German Soccer Federation to bid for the 2006 World Cup hosting rights ran a slush fund of more than 10 million Swiss francs ($11 million) to help secure those hosting rights. Given all that has occurred around FIFA recently, says CW’s anti-corruption blogger Tom Fox, this latest scandal signals a need for robust oversight going forward of the world’s most popular sporting organization. More inside.
Posted inAnti-Bribery
Sticky Situation: Ill-Gotten Gains From FCPA Violations
Image: One of the continuing myths around FCPA enforcement is so-called “springing liability,” where a company that acquires a business also acquires a FCPA violation along with the purchase. That is not an accurate understanding of the issue, our anti-corruption blogger Tom Fox writes. But it does touch on issues of ill-gotten gains from FCPA violations, and what liability companies face for that misconduct. Now Mondelez Interational may find out. More inside.
Posted inAnti-Bribery
Cost of Corruption: Now the Short-Sellers Are Here
The costs of corruption come in many forms, not the least being painfully high penalties from regulators and lawsuits from unhappy shareholders. Now a new front has opened: Muddy Waters, a short-seller firm pressuring Swedish telecom company TeliaSonera, is accusing it of bribery in central Asia—and benefitting as the stock drops. Our Man From FCPA has more inside.
Posted inRegulatory Enforcement
Surviving the Jolt of the Yates Memo
An earthquake in the world of FCPA enforcement happened in September, when “the Yates Memo” arrived and heralded a new era of pursuing individuals responsible for corporate misconduct. This week, columnist Tom Fox dissects some of the implications for compliance officers—including the threat that from here forward, the interests of senior executives and the company overall will diverge. This is a tectonic shift, and right now CCOs are off-balance.
Posted inAnti-Bribery
How Will Schrems Ruling Affect FCPA Compliance in Europe?
Image: The Schrems decision last week invalidated the safe harbor provision that let U.S. companies ferry personal data back and forth from Europe. Already compliance officers are beginning to sweat the implications of that ruling for anti-corruption programs. First likely headache: hotline data. Tom Fox, our Man From FCPA, has more inside.
Posted inAnti-Bribery
Is FIFA Getting Serious About Ethics Reform?
FIFA seems to be getting serious about the perception that its organization is rife with corruption. Last week it suspended three of its top officials, including President Sepp Blatter. Those suspensions come one week after major sponsors demanded FIFA take action. Our Man From FCPA, Tom Fox, has more inside.
Posted inData Privacy
Double Trouble in Internal Investigations After Schrems
Image: Last week another huge shift in the compliance world happened: the Schrems decision by the European Court of Justice, finding that the previously presumed European Union Safe Harbor regime is invalid. For the anti-corruption compliance practitioner, the decision is double-trouble when you consider it in light of the recent Yates Memo. CW anti-corruption blogger Tom Fox has more inside.
Posted inAnti-Bribery
Update on the Petrobras Corruption Scandal
This week one commentator reported that the Netherlands-based SBM Offshore would pay $255 million in fines and penalties for its role in the Petrobras scandal. If SBM Offshore does settle with Brazilian authorities for this amount, it will be a first step in resolving the morass businesses sucked into that scandal.
