Topic: Corruption

The SEC Speaks. Are You Listening?

“SEC Chairman Elisse Walter … remarked that the SEC should work to give investors access to information and protect them from unnecessary risks such as fraud, market manipulation, insider trading and market structure failures, but should not discourage all risk-taking, in order to allow for continued growth in public offerings.” (Katten Muchin Rosenman) In late… Read more »

Recent Lawsuits Outline Rules for Prosecuting Foreign Nationals Under the FCPA

“The [Straub] decision … highlights the very broad reach sought by US authorities for the FCPA, and the risk that foreign national executives may find themselves facing FCPA enforcement actions in the United States based on minimal contacts with the United States, including their use of electronic communications services based in or routed through the… Read more »

What Stands Out In the SEC & DOJ’s New Guide to FCPA Compliance?

“Although much of the guidance walks through established DOJ and SEC positions and practices, the [Resource Guide to the U.S. Foreign Corrupt Practices Act] does, through the use of real-world examples and detailed hypotheticals, provide more concrete direction than was previously available.” (Foley Hoag) Earlier this week, the Securities and Exchange Commission and the Department… Read more »

DOJ and SEC Publish Guide to the Foreign Corrupt Practices Act (FCPA)

The long-awaited federal guide to the Foreign Corrupt Practices Act is out. Published by the Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission, the 130-page guide provides an in-depth look at both the law and the way that government officials are enforcing it. See for… Read more »

New UK Bribery Act Rules Reveal Tougher Stance on Corruption

On October 9, the UK’s Serious Fraud Office (SFO) published new guidelines for the UK Bribery Act, setting the stage for significantly stricter enforcement of the anti-bribery law. Raymond Sweigart of law firm Pillsbury explains: “The SFO now says that it will prosecute under the Bribery Act based primarily on the statute itself rather than… Read more »

From Russia, With Love: 3 Legal Updates

These recent updates aimed at foreign companies doing business in Russia remind us of the stark contrast between Ian Fleming’s Cold War Russia and the Russia of today, which joined the World Trade Organization earlier this summer. On accounting, arbitration and anti-corruption, from Russia with JD Supra love: 1. New accounting rules on January 1,… Read more »

Pfizer Settles FCPA Charges for $60 Million

[Link: The Pfizer DPA Enhanced Compliance Obligations-the New Normal? by Thomas Fox] Earlier this month, global pharmaceutical company Pfizer Inc. agreed to pay $60 million to the U.S. Securities and Exchange Commission and the U.S. Department of Justice to settle charges that the company violated the Foreign Corrupt Practices Act. From law firm Warner Norcross… Read more »

SEC Enforcement, Oversight, and Authority: A JD Supra Legal Reader

For your convenience, a roundup of updates on the topic of SEC enforcement, organized into three broad categories: enforcement actions, oversight and authority, and procedures. Enforcement Actions “District of Columbia Circuit Vacates SEC Default Order for Failure to Apply Rule Consistently” in Inside the Courts: An Update From Skadden Securities Litigators (Skadden, Arps, Slate, Meagher… Read more »

What Wal-Mart’s Mexican Bribery Scandal Means to Corporate Compliance & the FCPA

(Wal-Mart Bribery Allegations: Initial Impressions by Thomas Fox) In a stunning revelation this weekend, the New York Times reported on millions of dollars in bribes spent by Wal-Mart de Mexico – and covered up by Wal-Mart’s board and senior management – to support the unit’s rapid expansion to market dominance in Mexico. If the allegations… Read more »

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 »

Corruption Roundup: Biomet, UK and US Regulations, Sanctions in Burma and Europe, & More

For your reference, here is a roundup of recent law firm advisories covering corruption-related happenings around the globe. Ranging from Burma sanctions to Biomet settlements, see: Fools Rush In: Social and Environmental Due Diligence in Burma (Foley Hoag LLP) “… companies should consider how they would conduct business responsibly in Burma, were the investment-related sanctions to… 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 »

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 »