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Learning lessons from FCPA enforcement actions

Tom Fox | May 5, 2018

Bribery and corruption take many forms, and two recent cases illustrate some examples of how those types of fraud arise.

First, a stunning years-long, company-wide business strategy detailed in the FCPA enforcement action involving Panasonic Corp and its U.S. subsidiary, Panasonic Avionics, Inc., offers lessons in fighting bribery, corruption, and fraud that should be studied by every compliance practitioner, so they can use the information to pressure test their own compliance programs. 

There are clear indicia that can be used going forward, specifically regarding questions around the business qualifications of third parties and the use of otherwise unqualified third parties. One innovative bribery scheme used by Panasonic Avionics involved the offering of a consulting position to an employee of a state-owned enterprise, while that same employee was negotiating a contract with Panasonic Avionics for his employee. Obviously, this was a clear conflict of interest and...

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