They have been there all along, hiding in plain sight: the Foreign Corrupt Practices Act requirements for internal controls. The problem is that most compliance practitioners have not been reading them too carefully. What are internal controls in a FCPA compliance program? Aaron Murphy, a partner at Akin Gump and author of “Foreign Corrupt Practices […]
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 inRegulatory Enforcement
Bieber Case Highlights Dangers of Facilitation Payments
If there was ever an example of the insidious nature of bribery and corruption of foreign government officials, it is how pop star Justin Bieber gained entry into Canada for his entourage. It is not that Canadian border guards allowed The Bieb himself into Canada for a little something extra; he is, after all, a […]
Posted inAnti-Bribery
Delaware’s Walmart Ruling Has Consequences Big and Small
Shareholder derivative actions are beginning to play a greater role in Foreign Corrupt Practices Act enforcement. They are also spurring some companies to make changes to their FCPA compliance programs. In 2011, for example, SciClone Pharmaceuticals settled a shareholder derivative action based on FCPA allegations in which it agreed to institute a wide-ranging anti-corruption compliance […]
Posted inAnti-Bribery
SEC Settles Out With Noble Executives
Sometimes you enter with a bang, but leave with a whimper. That is what I thought when I read in early July that the Securities and Exchange Commission had dismissed its cases against two Noble Corp. executives, Mark Jackson and James Ruehlen. The case had drawn much fanfare and attention, as it was a very […]
Posted inRegulatory Enforcement
Esquenazi Decision Provides a Little More Clarity on FCPA
Last month, the 11th Circuit Court of Appeals issued a ground-breaking decision on a Foreign Corrupt Practices Act case that will have lasting effects and provides some clarity on the definition of an important aspect of the law—what constitutes a “foreign official.” In an opinion released on May 16, the court upheld the convictions of […]
Posted inRegulatory Enforcement
How to Lessen the Chances of Acquiring an FCPA Headache
When a company buys another with past, but unsettled, bribery and corruption problems, does the liability flow through to the purchaser? Is there any way to limit the exposure? The ongoing news about a possible GE merger or purchase of all or certain businesses of the French power and engineering company Alstom SA has raised […]
Posted inAnti-Bribery
In Praise of FCPA Opinion Releases
One of the least-read sections of the U.S. Foreign Corrupt Practices Act is the section entitled, “Foreign Corrupt Practices Act Opinion Procedure.” This section allows companies to seek an opinion from the Department of Justice “as to whether certain specified, prospective—not hypothetical—conduct conforms” to the Justice Department’s current enforcement policy on the FCPA. It is […]
Posted inRegulatory Enforcement
Facilitation Payments: Bribery or Business as Usual?
Companies still struggle mightily when it comes to crafting policies that address the use of facilitation payments. The payments—sometimes called “grease payments”—are small sums given to foreign officials to expedite normal business transactions, such as clearing goods through customs. Some distinguish them from bribes, which are typically meant to entice foreign officials to commit acts […]
Posted inRegulatory Enforcement
Justice Department Sheds Light on Charitable Giving and the FCPA
Charitable giving in foreign countries has always been a thorny issue for companies, since they fear that the giving could give way to allegations of violating the Foreign Corrupt Practices Act. This difficulty can be compounded when a company is designing and implementing a full corporate social responsibility strategy. The FCPA forbids companies from making […]
Posted inAnti-Bribery
Why the Justice Department Is Shortening Some Monitorships
Editor’s Note: Compliance Week is pleased to introduce our newest columnist, Thomas Fox, a lawyer who specializes in Foreign Corrupt Practices Act compliance and a former general counsel. He will give his perspective on timely and significant FCPA issues that arise in the anti-corruption world. One of the significant developments in Foreign Corrupt Practices Act […]