All anti-corruption articles – Page 6
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Blog
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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Blog
Podcast: Conducting Internal Investigations in Europe
Image: In light of increased enforcement activities across Europe, particularly increased enforcement cooperation among foreign jurisdictions and around the world, European corporations are subjected to overlapping and often similar—but not identical—regulatory requirements. In our latest podcast, we talk to Tiffany Moseley, partner in Kaye Scholer’s litigation practice, about internal investigations ...
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Blog
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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Blog
Podcast: Spain’s New Corporate Compliance Defense
Image: Spain has been receiving a lot of attention for its corporate compliance defense. Not only did the country adopt new requirements to help root out corruption; it goes further than other nations have gone by mandating specific features that compliance programs must contain to qualify. In this podcast, Aaron ...
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Article
In London, Compliance Officers in the Crosshairs
Recent cases in the United Kingdom suggest that prosecutors and regulators are increasingly willing to hold compliance officers personally liable as they wage war against corporate fraud. Inside, we look at the corruption charges brought by Britain’s Serious Fraud Office against Alstom SA and the Financial Conduct Authority’s case against ...
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Article
Anti-Corruption Reforms Push Forward in Mexico
Mexico has moved forward again on its quest to strengthen anti-corruption laws there, adopting reforms to clear the path for government authorities to uncover and prosecute acts of corruption committed by companies, individuals, and government officials. More legislative work is ahead, but so far Mexico’s laws might even surpass the ...
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Article
FIFA Fallout Has Banks Fearing Due Diligence Failures
The FIFA corruption scandal has pulled many banks—HSBC, Barclays, Citigroup, Bank of America—into its orbit, although none have tumbled into the black hole just yet. The case does, however, send a vivid message on the importance of enhanced due diligence processes. “It is not enough to know your customer,” says ...
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Article
Lessons From the BHP Billiton Case
Image: If compliance officers needed another reminder that the FCPA’s books-and-records provisions are still a dangerous trap for global businesses, look no further than the SEC’s recent $25 million fine against BHP Billiton. Observers say it offers valuable lessons in the SEC’s expansive interpretation of the law. “A check-the-box compliance ...
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Blog
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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Blog
Italian Lawmakers Toughen Anti-Corruption Law
Italy is taking a stance on fighting corruption after the Chamber of Deputies unanimously approved a “contested” regulation, stiffening penalties for balance sheet fraud and graft and other corruption behavior, says a recent report. According to Transparency International’s 2014 Corruption Perceptions Index, Italy ranked 69th on the list, which scores ...
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Article
Survey: CCOs Lack Confidence in FCPA Financial Controls
Compliance officers do not have much confidence in their companies’ financial controls to catch books-and-records violations of the FCPA, according to a new report published by Compliance Week and Kroll. The finding was one of many included in the 2015 Anti-Bribery & Corruption Report, looking at all manner of anti-corruption ...
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Article
Far East: The Epicenter of FCPA Enforcement?
Image: Everyone says bribery risk is highest along the Pacific Rim, but how acute is the problem really? Pretty bad, according to a Compliance Week review of recent FCPA enforcement actions—and the risks will only increase as more U.S. companies enter Asia and more Asian companies tap U.S. capital markets. ...
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Article
Meeting the World Bank in Enforcement Actions
When the Justice Department settled corruption charges against Alstom SA in December, it did not require a compliance monitor—because Alstom already had one, appointed by the World Bank. How does the bank’s integrity office work? What risks do you have? Lots. “You can be a perfect company today, but if ...
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Article
Lessons to Learn From the Alstom Fiasco
The record $772 million criminal penalty reached between the Justice Department and French power and transportation giant Alstom is yet another real-life example of corporate governance gone haywire. Abounding with cover-ups and an overall lack of due diligence, “The Alstom case is the antithesis of the hallmarks of an effective ...
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Blog
U.K. First in EU to Implement Tougher Transparency Rules for Extractives
Image: Jan. 8—The new year brought tougher transparency rules for listed European Union firms in the extractives and logging sectors, as the United Kingdom became the first to implement a new transparency directive ahead of the July deadline. Now oil, gas, and mining firms are required to prepare annually a ...
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Blog
OECD Has ‘Grave Concerns’ with Argentina’s Anti-Bribery Efforts
A report from the Organisation for Economic Co-operation and Development’s Working Group on Bribery says it has "grave concerns" about Argentina’s commitment to fight foreign bribery. Argentina has no law to punish companies for foreign bribery or prosecute individuals who commit the crime abroad, the report says. Delays plague economic ...
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Blog
Study: Many Businesses Struggle With Anti-Corruption Controls
Image: Dec. 10—Three years after the U.K. Bribery Act came into force, many businesses are still struggling to implement the procedures necessary to prevent corruption as expected by the Ministry of Justice. More than one-third of almost 3,000 anti-corruption controls assessed by GoodCorporation were graded as inadequate in a recent ...
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Article
Due Diligence Practices in Emerging Markets
Compliance officers wondering how their peers manage third-party risks and where they focus due diligence efforts these days will want to take a look at a new report on those practices. Enhanced due diligence firm Arachnys studied where large companies perform due diligence research, and offered a peek at the ...
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Blog
Denmark Comes Out on Top in TI’s Anti-Corruption Rankings
Image: Title: UgazDec. 3—Denmark took the top honor in the watchdog group Transparency International’s annual corruption perceptions index, ranking the cleanest of the 176 global economies reviewed. Denmark also tied for first place in last year’s index. Overall, more than two-thirds of the countries fell below a score of 50, ...
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ArticleNew Bribery Index Aimed at Corporate Use
Companies have a new resource to help assess bribery and corruption risks in the countries where they operate, one that aims to be more meaningful to global companies than Transparency International’s widely used Corruption Perceptions Index. Trace International’s TRACE Matrix is intended specifically for corporate use, and it analyzes four ...