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.
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
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.
Posted inAnti-Bribery
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.
Posted inRegulatory Enforcement
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.
Posted inRegulatory Enforcement
The Overlooked Lessons of PetroTiger Trial
The corruption trials against three former executives of PetroTiger ended with a whimper in June, when the last defendant pled guilty to FCPA violations. Contrary to what many say, however, the PetroTiger case offered some valuable—and good—news for compliance officers. This week, columnist Tom Fox reviews how the company avoided FCPA charges (impressive) even as its senior executives committed serious misconduct (really impressive). More inside.
Posted inRegulatory Enforcement
As BHP Enforcement Shows, the Proof Is in the Doing
Yes, Virginia, you can violate the FCPA even without bribing a foreign government official—just ask BHP Billiton, fined $25 million by the SEC for having a compliance program that looked great on paper, but was never strongly implemented. This week, columnist Tom Fox does a post-mortem on how BHP’s program demonstrates the flaw of not doing compliance, and regulators’ no-nonsense attitude about it.
Posted inAnti-Bribery
FIFA Drops the Ball: Corruption and FCPA Charges
Last week, a 47-count indictment was unsealed in a federal court in Brooklyn, charging 14 defendants—all associated with the governing body of international soccer, the Fédération Internationale de Football Association—in connection with their participation in a 24-year scheme to enrich themselves through the corruption of international soccer. In a special guest post, columnist Tom Fox offers his quick take on the story. More inside.
Posted inRegulatory Enforcement
The SEC Views on Whistleblowers: Sit Up and Listen
Whistleblowers—protecting them, working with them, not stifling them—continue to be one of the most important parts of the compliance officer’s job. This week, columnist Tom Fox reviews the SEC’s recent pronouncements on how it wants whistleblowers to be treated and how the SEC itself plans to keep encouraging whistleblowers to step forward. “The SEC is clear that it will test how your company treats whistleblowers,” he warns. More inside.
Posted inRegulatory Enforcement
Still Reading Tea Leaves on FCPA Enforcement? Try Listening and Reading
Sometimes all the angst and analysis about FCPA enforcement need not happen; sometimes, voices in the enforcement community just tell us what’s coming. That has been the case lately, Compliance Week columnist Tom Fox writes this week, as the SEC’s recent settlement with KBR over confidentiality agreements proves. Inside, he examines where the KBR case came from and how your compliance team should react to it.
Posted inRegulatory Enforcement
The Ups and Downs of FCPA Politics in Washington
Several events in Washington lately show just how well FCPA enforcement is—or more precisely, is not—understood there. This week, columnist Tom Fox turns his eye first to critics of the Justice Department’s new top FCPA prosecutor, and then to Texas Sen. Ted Cruz and his ham-handed efforts to politicize the enforcement of America’s foremost anticorruption law. More inside.
