Topic: Bribery

The $22.5 Million Co-Pay: 5 Lessons from the Biomet Bribery Case

Open (your wallet) wide and say “Aaah” – late last month, medical device manufacturer Biomet, Inc. paid more than $20 million to settle charges that it bribed doctors around the world to boost sales of its products over an eight-year period. It’s the latest in a long line of recent settlements over violations of the… Read more »

International Interesting: Syria, Russia, UK Bribery, Qatar, Australia, More

Seven international updates caught our eye today. For your reference:  Russia Accedes to OECD Anti-Bribery Convention (Dinsmore & Shohl) “The law defines foreign government official to include any appointed or elected official who has a position in any legislative, executive, administrative, or judicial branch of a foreign country or an individual who serves any public… Read more »

Brazil Revises Foreign Bribery Bill

Brazil is making its foreign bribery bill easier to understand, which should help companies doing business in the country build and refine their compliance strategies. From anti-corruption lawyer Matteson Ellis: “The amendments clarify and boost the voluntary disclosure program, which should be a welcomed change for companies. In the earlier version, companies that self reported… Read more »

FCPA Definitions of “Foreign Official” and “Instrumentality” Remain Broad

International law firm White & Case has produced a useful overview of recent judicial decisions regarding the definition of “foreign official” and “instrumentality” of the government under the Foreign Corrupt Practices Act. Their analysis highlights an important issue for businesses that interact with foreign state-owned companies:  “… courts faced with challenges to charges based on… Read more »

FCPA: A Look Into The Future of Enforcement

Are the tactics of Foreign Corrupt Practices Act enforcement changing? That’s the question white collar and anti-corruption lawyer Mike Volkov ponders in Wiretaps — A New Tool for FCPA Enforcement?: “While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now… Read more »

Compliance Roundup: “Instrumentality” under the FCPA, Corruption Due Diligence, & More

Two recent updates on corruption and bribery provide important perspective on the challenges for multinationals in complying with the US Foreign Corrupt Practices Act and the UK Bribery Act.  From law firm Warner, Norcross & Judd, a warning for companies doing business outside the United States that US officials – and the courts – continue… Read more »

Most Popular Corporate Law Posts – Feb 2012

For your reading pleasure, here’s a roundup of the most-read Corporate Law posts over the past month: human trafficking, HIPAA compliance, FATCA regulations, fracking, conflict minerals and more.  1. California Transparency in Supply Chains Act Takes Effect January 1, 2012 “The California Transparency in Supply Chains Act of 2010 goes into effect on January 1,… Read more »

Compliance Roundup: Company Policies, SFO Convictions, Criminal Intent, Language Barriers, & More

For your reference, here’s a roundup of recent law firm commentary on key issues facing global corporations in their ongoing fight against corruption and bribery: Compliance Rules for Compliance Sakes? (Michael Volkov)  “A strict policy without any rational justification is a costly policy. Too many companies simply adopt a flat amount for certain expenditures above… Read more »

Compliance Program Roundup: Key Elements of Internal Anti-Corruption Initiatives

“All too often, I hear complaints about compliance officers, general counsels, and outside counsels, who are the so-called ‘deal-killers’ or ‘doomsayers.’ The challenge within any organization is not to stop the work but to consult and advise on ways to meet the requirements of the law and figure out a way to make it work.… Read more »

The Travel Act: Bribing Business Representatives is Still Bribery…

“With all the attention being paid to the Justice Department’s aggressive prosecution of the Foreign Corrupt Practices Act,” writes law firm Sheppard Mullin, “companies might be tempted to celebrate if an internal investigation revealed that no bribes had been paid to foreign officials.” But if that investigation were to reveal bribes paid to “non-government foreign… Read more »

Anti-Bribery: Prosecutorial Misconduct, Private Suits, IRS Enforcement, China, Mexico, and Other Updates

For your reference, a roundup of recent law firm commentary touching upon some of the issues central to the ongoing, global fight against bribery and corruption: DOJ’s FCPA Trial Record (Michael Volkov) “The O’Shea case was an unfortunate result. The judge was no friend of DOJ. He has a reputation as an anti-government judge, and… Read more »

Corruption in China: Words of Caution for U.S. Companies

“If your company operates in China, I have one piece of ‘free’ advice,” writes white-collar crime and compliance lawyer Mike Volkov, “conduct an anti-corruption audit and do it now.”  “Almost one-third of the FCPA criminal cases involve bribery in China… Bribery is built into the Chinese economy. It is a remnant of the communist system… Read more »

Anti-Corruption Update: Proposed New Laws in Canada and Brazil Bolster International Efforts

Companies doing business in Brazil or Canada (or both) will want to read two recent updates regarding proposed legislation that would give authorities additional tools and greater powers to fight corruption in those countries.  The first, from Osler, Hoskin & Harcourt LLP, provides an in-depth overview of proposed new laws that would strengthen Canada’s ability… Read more »

3 Compliance Takeaways from Aon’s $16.3 Million FCPA Settlement

In late December 2011, insurance broker Aon Corporation agreed to pay $16.3 million to the Department of Justice and the Securities and Exchange Commission to settle charges of Foreign Corrupt Practices Act violations in connection with payments its UK subsidiary made on behalf of government officials in Costa Rica and other countries. Aon’s subsidiary had… Read more »