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As BHP Enforcement Shows, the Proof Is in the Doing

Tom Fox | June 16, 2015

The recent Securities and Exchange Commission enforcement action against BHP Billiton on Foreign Corrupt Practices Act violations provides some clear guidance for the compliance professional about the difference between having a paper compliance program in place and the actual doing of compliance. What’s more, the enforcement action demonstrates why having a compliance defense added to the FCPA would not move forward the law’s goals of furthering anti-corruption and anti-bribery across the globe.

The facts underlying the BHP Billiton case relate to...

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