All FCPA articles – Page 15
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Blog
South Africa reminds the FCPA covers political parties
For any company doing business in South Africa, all your contacts with the African National Congress have FCPA implications; This means all the investigations you might be performing for contracts with the South African government, anything associated with the Gupta family or state-owned enterprises, should be assessed for ANC contacts ...
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The three levels of due diligence
How to recognize and utilize each level of due diligence to fight corruption.
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What is a root cause analysis?
The Justice Department has mandated a root cause analysis should be performed for every incident rising to the level of a compliance violation. Is your team ready to do so?
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The end of the compliance defense debate
Over the years, there has been a siren’s call for the addition of a compliance defense to the FCPA. It’s time to send the so-called “compliance defense” packing.
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How the FCPA withstands the test of time
Certain enforcement trends stemming from the Foreign Corrupt Practices Act will be with us for many years to come.
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Lessons from the FCPA corporate enforcement policy
The Department of Justice’s new FCPA Corporate Enforcement Policy offers valuable lessons for companies that are considering how best to address a potential FCPA violation.
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Former president of transportation company indicted on bribery charges
The Department of Justice last week unsealed an indictment against a former co-president of a Maryland-based transportation company for his alleged role in a bribery scheme involving an official at a subsidiary of Russia’s State Atomic Energy Corporation.
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Non-monetary and indirect cost of a FCPA investigation
The Man From FCPA recently spoke with Dan Chapman, CEO of Presyse Compliance, about his experience with the non-monetary costs and indirect costs of a major FCPA investigations.
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Oh thank heaven?
Tom Fox explores the recent raids by agents from the U.S. Immigration and Customs Enforcement (ICE) of 7-Eleven stores across the country, looking for undocumented workers from an FCPA perspective.
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The role of risk management in compliance
As compliance evolves and corporate compliance programs become more sophisticated, compliance is seen not as simply a legal prophylactic, but as a business process, writes The Man From FCPA.
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More fallout from Och-Ziff corruption case
In an interesting turn of events, the Och-Ziff corruption case recently reared its head once again, following news that Michael Cohen—who once oversaw the company’s investments in Europe, the Middle East and Asia—is facing criminal charges of fraud and obstruction of justice, according to recently unsealed court documents.
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The stunning Petrobras securities lawsuit settlement
In a stunning capitulation, Petrobras settled with U.S. investors for nearly $3bn in a class-action lawsuit as follow-on litigation to the long-standing corruption allegations against the company.
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The desktop risk assessment
If you perform an annual Desktop Risk Assessment with a full worldwide risk assessment every two years, you should be in a good position to keep abreast of compliance issues that may change and need more or greater risk management.
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As the FCPA turns 40, compliance officers reflect on its impact
Dec. 19 marks the 40th anniversary of the Foreign Corrupt Practices Act, prompting compliance officers to take stock of the overall effect FCPA enforcement has had on anti-corruption compliance programs.
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Compliance in an economic downturn
In an economic downturn, there are two increasing compliance risks for companies that could make them in conflict with the 2012 FCPA enforcement guidance: (1) They eliminate compliance personnel in a cost-cutting attempt; (2) They neglect to invest monies needed to enhance monitoring or other mechanisms.
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Mapping your internal compliance controls
By mapping out the internal controls your company has in place to the indicia of the FCPA Enforcement Guidance’s Ten Hallmarks of an Effective Compliance Program and the 2013 COSO Internal Controls Framework, your company can ascertain what it has and what needs to be implemented.
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To operationalize compliance, pick up the phone
Following compliance policies and procedures is always important but to have a live person to answer questions or walk a non-compliance person through the process is a must.
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The Holy Grail of compliance
A recent academic paper discusses companies’ progress in having the “Holy Grail of compliance,” the ability to demonstrate a positive return on investment (ROI) for your compliance program.
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Best practices under the new FCPA Enforcement Policy
The Justice Department’s new Foreign Corrupt Practices Act Corporate Enforcement Policy once again makes the importance of a best practices compliance program even more critical.
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SBM Offshore to pay $238M to resolve FCPA case
Dutch oil and gas services company SBM Offshore, and its wholly owned U.S. subsidiary SBM Offshore USA, will pay a criminal penalty of $238 million in connection with schemes involving the bribery of foreign officials in Brazil, Angola, Equatorial Guinea, Kazakhstan, and Iraq in violation of the Foreign Corrupt Practices ...