Posted inAnti-Bribery

Flying the Unfriendly Skies of Investigations and Resignations

Image: Title: SmisekRarely in compliance do you see a CEO resignation as unceremonious as the ouster earlier this week of now former head of United-Continental, Jeff Smisek (left). While his removal doesn’t involve foreign government officials—only local ones at the Port Authority of New York and New Jersey—it does provide some FCPA lessons. The Man From FCPA, Tom Fox, has more inside.

Posted inAnti-Bribery

Blood Is Not Thicker Than FCPA Risk

The SEC has now taken its first enforcement action in a “princeling” case, fining BNY Mellon for offering plum internships to the relatives of foreign officials to win business with their countries’ sovereign wealth funds. Inside, columnist Tom Fox looks at the case (which is probably the first of several) and the HR and compliance checks you should have to avoid similar problems.

Posted inAnti-Bribery

FCPA Lessons in Deflate-gate: Consistency of Discipline

For those in the FCPA world I would like to focus on one aspect of the court’s ruling: consistency in discipline. In Brady’s appeal, the court was highly critical of the fact that the NFL policy for discipline for first offenses involving equipment violations would result in fines rather than suspensions. Further in all previous discipline involving “equipment violations results in a fine of $5,512.” The NFL suspended Brady for four games with an attendant loss of salary at approximately $1 million.

Posted inAnti-Bribery

FCPA and Pursuing Foreign Officials: The Mikerin Example

Image: Many Europeans wonder why the U.S. Justice Department does not prosecute foreign officials who receive bribes in violation of the FCPA. The reason, according to CW blogger Tom Fox, is that the FCPA is a supply-side law that does not criminalize the receipt of bribes. But the Justice Department has other law enforcement tools available: On Monday, the agency announced a criminal prosecution against Russian national Vidam Mikerin for his role in a bribery scheme involving Russian exporting firm Tenex. Details inside.

Posted inAnti-Bribery

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.

Posted inAnti-Bribery

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.

Verify your email

We'll send a verification code to .

Gift this article