All FCPA articles – Page 14
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Blog
Vantage Drilling reaches ‘agreement in principle’ with SEC in FCPA case
Offshore drilling contractor Vantage Drilling Co. has “reached an agreement in principle” with the Securities and Exchange Commission regarding a previously disclosed investigation into potential violations of the Foreign Corrupt Practices Act.
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FCPA: An act of punitive moralism
Does the FCPA overstep the bounds of federal lawmaking in various ways? Cato Institute constitutional expert Walter Olson explores.
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FCPA: Sets a high bar for compliance
The FCPA has made some positive contributions to compliance programs over the past decade, writes compliance attorney James Koukios of Morrison Foerster.
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Autonomy verdict and FCPA defenses
A recent case involving Autonomy and Hewlett-Packard shows that it is not the bribe receiver’s conduct but the bribe payor’s conduct that matters.
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Learning lessons from FCPA enforcement actions
Two FCPA enforcement actions against Panasonic and Hewlett-Packard Mexico are good reading for the compliance practitioner and offer lessons in stamping out fraud.
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The ‘20 percent’ lesson learned from Panasonic Avionics
Compliance practitioners take note: Cooperating with FCPA investigators was literally worth millions to Panasonic Aviation.
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Clear Channel hints to potential FCPA violations
Media company Clear Channel Outdoor disclosed that it has advised U.S. authorities about accounting discrepancies caused by the misappropriation of funds at its Chinese subsidiary, in possible violation of the Foreign Corrupt Practices Act.
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Panasonic must pay $280M to resolve FCPA charges
Panasonic Avionics has agreed to pay more than $280 million to resolve civil and criminal charges arising out of a scheme to retain consultants for improper purposes and conceal payments to third-party sales agents.
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Sometimes, a fine isn’t enough
U.S. regulators want companies to take firm disciplinary action against employees who are involved directly—or even indirectly—in the conduct at the heart of violations.
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Moving from operationalized compliance to connected compliance
The Man From FCPA explores how and why companies should move to a system of “connected compliance,” allowing them to take on more risks and more efficiently run the business.
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Dun & Bradstreet to pay $9M to resolve FCPA case
The SEC announced on Monday that Dun & Bradstreet will pay $9 million for violations of the Foreign Corrupt Practices Act arising from improper payments made by two Chinese subsidiaries. Meanwhile, the Department of Justice said it has declined prosecution “consistent with the FCPA Corporate Enforcement Policy.”
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Cemex FCPA investigation widens
Cemex has disclosed in a securities filing that the U.S. Department of Justice has requested from it information regarding an ongoing Foreign Corrupt Practices Act investigation.
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Kinross and internal controls
There are some important lessons that can be garnered by CCOs when examining recent FCPA internal control violations made by Canadian gold and silver mining company Kinross.
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The continuous improvement cycle in compliance
There are two basic tools in the continuous improvement cycle for any best practices compliance program, auditing and monitoring. The Man From FCPA illustrates how to effectively accomplish both within your program.
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Of Saudi princes and gilded cages
If you have done business in Saudi Arabia or with wealthy Saudis over the past few years, now might be a very good time to review not only those business relationships, but also your FCPA compliance program, writes The Man From FCPA.
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Fresenius Medical Care reserves €200 million in FCPA case
Germany-based Fresenius Medical Care, a provider of dialysis products and services, has set aside €200 million concerning its ongoing settlement negotiations with the U.S. government regarding potential violations of the Foreign Corrupt Practices Act.
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Teradata FCPA probe ends without enforcement action
IT service management company Teradata will not be facing any enforcement action following an investigation into questionable gifts and travel expenses by one of its international subsidiaries doing business in Turkey.
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Facilitation payments under the FCPA
In addition to its restrictions, a key to FCPA compliance is accurately recording facilitation payments going forward. As with all things FCPA-related, the “document, document, document” mantra holds.
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Extortion policies under the FCPA
An extortion payment, while not a violation of the FCPA, should have its own set of policies and procedures that employees adhere to per the chief compliance officer.
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Charitable entities and compliance
The stories of Plan International USA and of Oxfam make clear the need for robust compliance programs in a non-profit charity.