Enforcement Action

The Justice Department and Securities and Exchange Commission resolved eight Foreign Corrupt Practices Act enforcement actions so far in 2015—the lowest mid-year total in a decade, according to recent analysis from law firm Miller & Chevalier. “This slow-down seems to be attributable, in part, to a greater emphasis on declinations by the U.S. enforcement agencies,” the report stated. More inside.

Defense and government contracting company IAP Worldwide Services yesterday agreed to pay a $7.1 million penalty and entered into a non-prosecution agreement with the Department of Justice. The NPA requires IAP to “conduct a review of its existing internal controls, policies and procedures, and make any necessary modifications to ensure that the company maintains accurate record keeping and a rigorous anti-corruption compliance program,” the Justice Department stated. Details inside.

The SEC has charged Avon with Foreign Corrupt Practices Act violations by failing to prevent payments and gifts to Chinese government officials from employees at a subsidiary, resulting in a $135 million penalty. “Avon missed an opportunity to correct potential FCPA problems at its subsidiary, resulting in years of additional misconduct,” SEC Division of Enforcement Associate Director Scott Friestad said.

One year after paying more than $398 million to U.S. prosecutors for violations of the Foreign Corrupt Practices Act, Total S.A. is expected to face new corruption charges, this time in France. In announcing the settlement last year, Acting Assistant Attorney General for the Justice Department’s Criminal Division Mythili Raman said the Total case marks the “first coordinated action by French and U.S. law enforcement in a major foreign bribery case.” Details inside.

Caldwell

U.S. regulators increasingly are collaborating with foreign governments to fight bribery and corruption on a global scale, advancing the Justice Department’s efforts to uncover and prosecute violations of the Foreign Corrupt Practices Act. “Every day, more countries join in the battle against transnational bribery,” said Leslie Caldwell, assistant attorney general for the Justice Department’s Criminal Division, during a recent speech. More of her comments inside.