One thing that critics of the Foreign Corrupt Practices Act constantly flail is the (alleged) lack of individual prosecutions under the law. Perhaps naming and shaming individuals responsible for actual FCPA violations would get word to the business community to take anti-corruption more seriously.
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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Gerald Green and Draconian Results of an Adverse FCPA Verdict
Gerald Green, one of the few individuals who went to trial against the Justice Department in a case where the government alleged violations of the Foreign Corrupt Practices Act, passed away last week. Green and his wife Patricia were convicted in 2009 of conspiring with others to bribe a Thailand official. Notably, they were the only husband and wife ever convicted of FCPA offenses. More inside.
Holy Orders: Vatican Picks Up Pace in AML Fight
Image: In recent years money laundering has engulfed numerous international institutions, such as the Vatican, which has been roundly criticized by Italian prosecutors for both its failure to carry out appropriate due diligence over its customers and its inability to track suspicious transactions. Those criticisms have led to some dramatic changes, including the appointment of René Bruelhart to help the Church’s bank implement modern-day AML practices. See inside for what Bruelhart has planned.
PetroBras Denies Potential FCPA Settlement
Image: Last week PetroBras said in an SEC filing that it is not working with U.S. regulators to end the long list of corruption charges leveled against the company. That statement is merely the latest in a long list of unusual events in the compliance spectacle that PetroBras has become, but it does underline risks that even U.S. businesses should watch for as the PetroBras drama continues. Details inside.
FIFA Takes Steps Toward Transparency
Image: FIFA, the governing body for professional soccer that is mired in controversy and allegations of corruption, may be taking the first steps to transparency and better performance: The group has hired an outside law firm to conduct an exhaustive look at its business practices and to review possible corrupt acts. Columnist Tom Fox takes a closer look at FIFA’s move to hire an external counsel to conduct its internal investigation. Details inside.
The Man From U.N.C.L.E. and Modern FCPA Enforcement
I recently saw the movie The Man From U.N.C.L.E. It was a rollicking good movie, stylish, set in great locations, with a fabulous score and all the Guy Ritchie touches you would expect. The action all took place in Europe and the locals and governmental cooperation among the U.S., U.K. and Soviet governments seemed to foretell one of the current international focuses: the fight against bribery and corruption.
Ex-SAP Executive Pleads to FCPA Charges
The Justice Department and SEC jointly announced an enforcement action on Wednesday against a former executive of SAP International for violations of the Foreign Corrupt Practices Act by bribing officials in Panama to win government contracts. Vicente Eduardo Garcia, 65, will pay damages totalling $92,300 and faces sentencing later this year. More inside.
The Current State of the U.K.’s Serious Fraud Office
Image: Britain’s Serious Fraud Office appears to be under intense pressure, amid the announcement that another part of the government, led by International Development Secretary Justine Greening, is launching a new specialized anti-corruption unit to investigate cases of international corruption affecting developing countries. While the SFO achieved a significant victory last week as an ex-UBS and Citigroup trader was found guilty for his role in the Libor scandal, rumors suggest there may be significant changes ahead for the fraud office. Details inside.
The Man From FCPA Arrives
Today, I begin a blogging series for Compliance Week as The Man From FCPA. Our goal is to provide you with up-to-date information on all things related to the Foreign Corrupt Practices Act and anti-corruption overall. I will cover FCPA issues that have a U.S.-centric focus, and also other anti-corruption issues and anti-corruption regimes going forward. I hope you will join me in the adventure.
On the Death of Cecil the Lion and the FCPA
By now most everyone knows that in July, U.S. citizen and big game hunter Walter Palmer traveled to Zimbabwe and then shot and killed Cecil the Lion, a protected animal. What does that have to do with the Foreign Corrupt Practices Act? Quite a lot, columnist Tom Fox notes. This week he examines the case and the very unpleasant outcomes Palmer now faces—a cautionary tale for compliance officers.
