Topic: Corruption

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 »

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 »

The Most Challenging Issues Facing Global Employers

International law firm Littler published the highlights of its 2011 Global Employer Institute conference in a 70-page report on some of “the most challenging issues facing global employers.” It’s a comprehensive overview, touching on globalization, employee security, labor relations, employment agreements, and a number of other topics. Three articles within the report caught our eye… 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 »

Corruption Roundup: FCPA Enforcement, Japan and Nigeria Bribery, Govt Investigations…

For your Monday morning reading pleasure, three quick links to corruption and compliance-related advisories recently published on JD Supra: – The Expansive Reach of the FCPA Extends to Japan Again: A Second Japanese Company Resolves FCPA Charges Related to a Nigerian Bribery Scandal From Morrison & Foerster: “The Marubeni case stems from a scheme by… 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 »

Foreign Corrupt Practices Act/Anti-corruption: What to Expect in 2012

From global law firm K&L Gates, a look ahead at FCPA and anti-corruption activities in 2012: “…law enforcement actions against international corruption have become commonplace. What is noteworthy as we enter 2012 is precisely how routine the activity in this area has become. The U.S. Department of Justice (DOJ) suffered a couple of embarrassing setbacks… Read more »

Updated: Mabey & Johnson, the SFO, and Confiscated Dividends…

For your interest, recent legal updates on the Mabey & Johnson corruption case unfolding in UK courts, with a specific focus on the recovery and confiscation of dividends and what this might mean re: corruption oversight for investors in public companies: – Confiscation of Dividends by the SFO: Implications for Investors (White & Case) “The… Read more »

International Law Advisories: Iran, Syria, Pakistan, China, UK, FCPA, and more

In brief FYI, recent news advisories from leading global law firms: Insurers Entitled To Judgment On Default Against Syria for International Act of Terrorism Under New U.S. Statute Federal Court Sides With SEC, Orders Hearing on SEC’s Subpoena to Deloitte (China) The New U.S. Sanctions Against Iran China Bulletin: Business Trade & Competition – January… 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 »

Private Equity and the FCPA: Time to Get Serious About Corruption

“The private equity industry is the latest target of an unprecedented explosion in Foreign Corrupt Practices Act (“FCPA”) enforcement by U.S. regulators. As the industry expands to emerging markets overseas and faces new Dodd-Frank regulations, private equity firms and hedge funds are under heightened scrutiny from the Department of Justice and the Securities and Exchange… Read more »

Global Compliance and the FCPA: Money Laundering, Bribery, China, and More

For your reference, a roundup of recent updates regarding the Foreign Corrupt Practices Act and global compliance, from lawyers and law firms on JD Supra: FCPA + Anti-Corruption Developments: End of Summer Round-Up (Morrison & Foerster LLP): “Historically, defendants have settled virtually all FCPA actions, leaving pivotal legal questions unanswered by the courts. But individuals… Read more »

Global Compliance and FCPA: 20 Ideas from Thomas Fox for Playing by the Rules

Today’s post brings together some of the collected writings of Foreign Corrupt Practices Act attorney Thomas Fox, who provides regular updates on a wide variety of global compliance topics aimed at businesses seeking to operate profitably, legally and ethically around the world:  1. Whatever business you are in, the requirement is for you to understand… Read more »