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Cases that make one wonder about the intent of enforcement

Tom Fox | November 28, 2018

What is the purpose of corporate law enforcement? Is it to punish a specific company that breaks the law? is it to drive compliant business conduct throughout the business community? Is it to not allow businesses to profit financially from when they don’t play by the rules? Is it all of the above, or perhaps none of the above?

Those questions have come to light since the resolution of the Petrobras Foreign Corrupt Practices Act (FCPA) enforcement action, which resulted in the Brazilian national energy company receiving a non-prosecution agreement. Now, there are current investigations involving the Danish national bank, Danske Bank, over its role in engaging in more than $2 billion in suspicious transactions; the U.S. entity Goldman Sachs, which was the lead underwriter of over $3 billion in bond offerings for the Malaysian sovereign wealth fund 1MDB; and the conclusion of a multiyear investigation into FCPA violations at Walmart, all of which may raise similar questions....

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