All FCPA articles – Page 28
-
Blog
Using Social Media to Defend an FCPA Criminal Charge
Image: Social media has certainly changed the way we communicate. Just look at federal securities fraudster Martin Shkreli, known for his extreme social media use, who has continued the practice (not surprisingly) post-arrest. According to the New York Times, Shkreli posts selfie videos “as if the possibility of going to ...
-
Blog
Navigating Dodd-Frank’s Whistleblower Provisions and the FCPA
The SEC recently reported that FY 2015 brought a new high for whistleblower tips regarding FCPA violations, and reiterated that the Dodd-Frank whistleblower incentive provisions have been a “game-changer” for FCPA enforcement. Last week, I hosted an interesting webcast on the subject of "Navigating the Minefield of Dodd-Frank’s Whistleblower Provisions ...
-
Blog
Analogic Faces $15 Million FCPA Settlement
Analogic, an airport security and medical-imaging technology provider, said this week in a quarterly filing that the Securities and Exchange Commission and the Department of Justice have made separate settlement proposals to resolve a Foreign Corrupt Practices Act case totaling payments of approximately $15 million.
-
Blog
The Legacy of Frederick Bourke Rears Its Head
Sometimes it does not take active bribery or corruption by an individual to violate anti-corruption laws such as the Foreign Corrupt Practices Act. It is one of the few laws which makes illegal consciously avoiding the actual knowledge of the underlying crime.
-
Blog
The Press and Exposure of Corruption: BAT Is Next
Allegations of bribery can come to light in many ways, but one way not usually mentioned—that was prominently featured last week—is through news reports. This time the media outlet was the BBC, and the allegations were that bribery at British American Tobacco Co. had occurred in violation of the Bribery ...
-
Blog
Checking Up on GSK in China
When thinking through an FCPA risk assessment, one thing usually not considered adequately is a company’s sales culture. To see the consequences of that, one need look no further than GSK’s corruption troubles in China—but, CW blogger Tom Fox writes, the reforms GSK has implemented with its sales force are ...
-
Blog
PTC Could Pay $28.2 Million in FCPA Case
Computer software company PTC disclosed in an annual report last week that it is discussing a tentative $28.2 million settlement with the Department of Justice and the Securities and Exchange Commission to resolve an investigation of potential violations of the Foreign Corrupt Practices Act. The potential violations concern expenditures by ...
-
Blog
Should the FCPA Apply to International Sports Agencies?
Image: What’s happening with the intersection of sports and corruption? It seems as if several pillars of the international sporting world have come crashing down in the past few months through corruption scandals. Yet the FCPA usually does not apply in these corruption cases. Why? Tom Fox, our man from ...
-
Blog
FIFA as ‘Victim’: Your Response Matters When U.S. Government Pays Visit
Image: One lesson from the FIFA corruption scandal is that when the U.S. government comes knocking, it requires a serious and thoughtful response. So far, now-suspended FIFA president Sepp Blatter (left) has responded in a way decidedly not serious and thoughtful. Our anti-corruption blogger Tom Fox takes a closer look ...
-
Blog
Marrying Compliance Culture to Compliance Behavior
Image: A study by the Cranfield School of Management has identified five key concepts for companies to employ toward effective risk management. In a nutshell: anticipate problems; have adequate resources; flow information to the board; respond quickly to any incidents; and learn from the past. CW’s Tom Fox has more ...
-
Blog
Walmart FCPA Costs Reach $705 Million
Walmart disclosed this week in an earnings call that its investigation and compliance costs resulting from potential violations of the Foreign Corrupt Practices Act were approximately $30 million in the third quarter of fiscal year 2016, now bringing its total costs to $705 million. To date, the retail giant has ...
-
Blog
Yates and Caldwell Lay Out Their FCPA Expectations
Image: Deputy Attorney General Sally Yates (left) and Assistant Attorney General Leslie Caldwell talked last week about what they, and more importantly the Justice Department overall, expect from companies that want to receive as much credit as possible when embroiled in a Foreign Corrupt Practices Act investigation. What companies should ...
-
Blog
Jumping on the VW Amnesty Microbus
Image: Last week Volkswagen offered amnesty to employees who admit any role they played in the emissions-testing scandal currently wracking the company—no doubt drawing upon the success Siemens had when it made a similar offer to employees during a 2006 Foreign Corrupt Practices Act investigation. Opinions differ on the move, ...
-
Blog
On Advertising and the FCPA
Image: When can advertising violate the FCPA? That might not be a question often on the minds of compliance officers. The ongoing FIFA corruption scandal, however, demonstrates that any expenditure going out of a corporation may well need to be considered from an anti-bribery angle. Tom Fox, our Man From ...
-
Blog
Alstom Sentenced to Pay $772 Million FCPA Fine
U.S. District Judge Janet Bond Arterton of the District of Connecticut has sentenced French power and transportation giant Alstom to pay a record $772 million criminal penalty to the Department of Justice to resolve charges over violations of the Foreign Corrupt Practices Act. The sentence marks the largest criminal fine ...
-
Blog
Drop in 2015 DOJ FCPA Settlements -- 'Sea Change' or Meaningless?
So far in 2015, the Justice Department has settled just two corporate Foreign Corrupt Practices Act cases—notably lower than the 10 in 2014, nine in 2013, and 11 in 2012. According to the Wall Street Journal, the decline is due to a “sea change” in the Justice Department’s foreign ...
-
Blog
Crawford & Company Self-Reports FCPA Investigation
Crawford & Company said yesterday in a filing with the Securities and Exchange Commission that it has launched an internal investigation into potential violations of the Foreign Corrupt Practices Act. The claims management company also said it has voluntarily self-reported the potential FCPA violations to the SEC and the Department ...
-
Blog
Leniency in Petrobras Scandal Means Decision on Self-Disclosure
As the Petrobras corruption scandal moves to the investigation of international companies that did business with the Brazilian national energy company, Europeans companies now face some challenging decisions around the issue of self disclosure. Our Man From FCPA, Tom Fox, has more inside about the considerations you need to make.
-
Blog
Yates Memo, D&O Coverage, and the Coverage Gap
One consequence of the Yates Memo that has not received as much attention is whether current directors-and-officers liability insurance provides appropriate insurance coverage for the legal expenses incurred by executives who might go through an internal investigation. The answer may well be no; Tom Fox has more inside.
-
Blog
Alexion Pharmaceuticals Discloses FCPA Probe
Alexion Pharmaceuticals said this week in a securities filing that it is being investigated by the Department of Justice concerning potential violations of the Foreign Corrupt Practices Act. As previously disclosed, Alexion received a subpoena in May in connection with an investigation by the SEC’s Enforcement Division “requesting information related ...