All articles by Tom Fox – Page 30
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FCPA Lessons in Deflate-gate: Consistency of Discipline
For those in the FCPA world I would like to focus on one aspect of the court’s ruling: consistency in discipline. In Brady’s appeal, the court was highly critical of the fact that the NFL policy for discipline for first offenses involving equipment violations would result in fines rather than ...
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Do You Have a Windows 95 FCPA Compliance Program?
I find the world of sports to be a rich source of tutorials on things not to do for the FCPA compliance practitioner; from suspending Tom Brady for events which happened after DeflateGate, to the St. Louis Cardinals hacking the Houston Astros (of all teams) to steal secrets around player ...
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FCPA and Pursuing Foreign Officials: The Mikerin Example
Image: Many Europeans wonder why the U.S. Justice Department does not prosecute foreign officials who receive bribes in violation of the FCPA. The reason, according to CW blogger Tom Fox, is that the FCPA is a supply-side law that does not criminalize the receipt of bribes. But the Justice Department ...
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Naming and Shaming in FCPA Enforcement
One thing that critics of the Foreign Corrupt Practices Act constantly flail is the (alleged) lack of individual prosecutions under the law. Perhaps naming and shaming individuals responsible for actual FCPA violations would get word to the business community to take anti-corruption more seriously.
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Gerald Green and Draconian Results of an Adverse FCPA Verdict
Gerald Green, one of the few individuals who went to trial against the Justice Department in a case where the government alleged violations of the Foreign Corrupt Practices Act, passed away last week. Green and his wife Patricia were convicted in 2009 of conspiring with others to bribe a Thailand ...
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Holy Orders: Vatican Picks Up Pace in AML Fight
Image: In recent years money laundering has engulfed numerous international institutions, such as the Vatican, which has been roundly criticized by Italian prosecutors for both its failure to carry out appropriate due diligence over its customers and its inability to track suspicious transactions. Those criticisms have led to some dramatic ...
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PetroBras Denies Potential FCPA Settlement
Image: Last week PetroBras said in an SEC filing that it is not working with U.S. regulators to end the long list of corruption charges leveled against the company. That statement is merely the latest in a long list of unusual events in the compliance spectacle that PetroBras has become, ...
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FIFA Takes Steps Toward Transparency
Image: FIFA, the governing body for professional soccer that is mired in controversy and allegations of corruption, may be taking the first steps to transparency and better performance: The group has hired an outside law firm to conduct an exhaustive look at its business practices and to review possible corrupt ...
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The Man From U.N.C.L.E. and Modern FCPA Enforcement
I recently saw the movie The Man From U.N.C.L.E. It was a rollicking good movie, stylish, set in great locations, with a fabulous score and all the Guy Ritchie touches you would expect. The action all took place in Europe and the locals and governmental cooperation among the U.S., U.K. ...
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Ex-SAP Executive Pleads to FCPA Charges
The Justice Department and SEC jointly announced an enforcement action on Wednesday against a former executive of SAP International for violations of the Foreign Corrupt Practices Act by bribing officials in Panama to win government contracts. Vicente Eduardo Garcia, 65, will pay damages totalling $92,300 and faces sentencing later this ...
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The Current State of the U.K.’s Serious Fraud Office
Image: Britain’s Serious Fraud Office appears to be under intense pressure, amid the announcement that another part of the government, led by International Development Secretary Justine Greening, is launching a new specialized anti-corruption unit to investigate cases of international corruption affecting developing countries. While the SFO achieved a significant victory ...
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The Man From FCPA Arrives
Today, I begin a blogging series for Compliance Week as The Man From FCPA. Our goal is to provide you with up-to-date information on all things related to the Foreign Corrupt Practices Act and anti-corruption overall. I will cover FCPA issues that have a U.S.-centric focus, and also other anti-corruption ...
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On the Death of Cecil the Lion and the FCPA
By now most everyone knows that in July, U.S. citizen and big game hunter Walter Palmer traveled to Zimbabwe and then shot and killed Cecil the Lion, a protected animal. What does that have to do with the Foreign Corrupt Practices Act? Quite a lot, columnist Tom Fox notes. This ...
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The Overlooked Lessons of PetroTiger Trial
The corruption trials against three former executives of PetroTiger ended with a whimper in June, when the last defendant pled guilty to FCPA violations. Contrary to what many say, however, the PetroTiger case offered some valuable—and good—news for compliance officers. This week, columnist Tom Fox reviews how the company avoided ...
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As BHP Enforcement Shows, the Proof Is in the Doing
Yes, Virginia, you can violate the FCPA even without bribing a foreign government official—just ask BHP Billiton, fined $25 million by the SEC for having a compliance program that looked great on paper, but was never strongly implemented. This week, columnist Tom Fox does a post-mortem on how BHP’s program ...
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FIFA Drops the Ball: Corruption and FCPA Charges
Last week, a 47-count indictment was unsealed in a federal court in Brooklyn, charging 14 defendants—all associated with the governing body of international soccer, the Fédération Internationale de Football Association—in connection with their participation in a 24-year scheme to enrich themselves through the corruption of international soccer. In a special ...
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The SEC Views on Whistleblowers: Sit Up and Listen
Whistleblowers—protecting them, working with them, not stifling them—continue to be one of the most important parts of the compliance officer’s job. This week, columnist Tom Fox reviews the SEC’s recent pronouncements on how it wants whistleblowers to be treated and how the SEC itself plans to keep encouraging whistleblowers to ...
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Still Reading Tea Leaves on FCPA Enforcement? Try Listening and Reading
Sometimes all the angst and analysis about FCPA enforcement need not happen; sometimes, voices in the enforcement community just tell us what’s coming. That has been the case lately, Compliance Week columnist Tom Fox writes this week, as the SEC’s recent settlement with KBR over confidentiality agreements proves. Inside, he ...
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The Ups and Downs of FCPA Politics in Washington
Several events in Washington lately show just how well FCPA enforcement is—or more precisely, is not—understood there. This week, columnist Tom Fox turns his eye first to critics of the Justice Department’s new top FCPA prosecutor, and then to Texas Sen. Ted Cruz and his ham-handed efforts to politicize the ...
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Slippery Slope of FCPA Enforcement Against Individuals
The compliance community has long hectored the Justice Department to prosecute more individuals, rather than corporations. Now we’re starting to see that happen, and a thicket of legal questions are arising. Inside, Compliance Week columnist Tom Fox gives a tour of the current landscape. What’s on the horizon is not ...