All articles by Jaclyn Jaeger – Page 93
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ArticlePreparing your company for a dawn raid
Knowing what to expect in the event of a dawn raid and how to respond will help ensure not only that employees cooperate during an investigation, but also that the legal rights of the company remain protected. Jaclyn Jaeger explores how to avoid any missteps that can damage a company’s ...
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Blog
France introduces anti-corruption bill
France’s Finance Minister Michel Sapin introduced a proposed anti-corruption bill, Sapin II, to the French government last month that in many respects is inspired by anti-corruption laws already in place in the United States and United Kingdom. The bill, for example, “provides for the offense of corruptly influencing a foreign ...
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Blog
Newmont Mining discloses FCPA investigation
Newmont Mining said this week in a securities filing that it is conducting an investigation relating to certain business activities of the company, its affiliates, and contractors in countries outside the United States. The gold mining company added that the investigation includes a review of compliance with the U.S. Foreign ...
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Blog
Greater scrutiny of merger activity in the defense industry on the way?
The Justice Department and FTC this month issued a joint statement reaffirming the importance of preserving competition in the defense industry. The statement may have been prompted by threats made by the Department of Defense to seek legislation to expand its role in the review of mergers and acquisitions in ...
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SEC resolves two financial fraud cases
The SEC this week announced financial fraud cases against a pair of companies and their former executives accused of various accounting failures that left investors without accurate depictions of company finances. “We are intensely focused on whether companies and their officers evaluate judgmental accounting issues in good faith and based ...
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Carrots and sticks: A closer look at the FCPA Pilot Program
The Department of Justice has churned out a brief, but valuable, piece of guidance setting forth the details of a one-year FCPA enforcement pilot program, providing companies with much needed and long-awaited transparency into how the Criminal Division’s Fraud Section measures and credits voluntary self-disclosure and cooperation in FCPA investigations. ...
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Unaoil bribery scandal offers harsh lesson in due diligence controls
Image: CCOs can learn a lesson or two from the massive media-leaked bribery and corruption scandal surrounding Monaco-based Unaoil. “Unaoil’s due diligence reports contained a number of items that increased their risk level substantially, but there was no credible evidence of bribery or other misconduct,” says Alexandra Wrage, president of ...
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Goldman Sachs hit with $5 billion settlement
The Justice Department last week announced a $5 billion settlement with banking giant Goldman Sachs to resolve claims related to its packaging, securitization, marketing, sale, and issuance of residential mortgage-backed securities. The resolution requires Goldman to pay $2.4 billion in a civil penalty under the Financial Institutions Reform, Recovery and ...
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BlogEU data protection authorities concerned with EU-U.S. Privacy Shield
A draft transatlantic data transfer framework approved in February by the European Commission and the U.S. Department of Commerce received a less-than-enthusiastic response from EU data protection authorities in an opinion released today, effectively giving U.S. companies little assurance as to how they can legally transfer personal data from Europe ...
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EU calls for corporate tax transparency
Image: The European Commission has proposed rules requiring multinational companies currently active in the EU’s single market with a permanent presence in the European Union and with a turnover in excess of EUR 750 million a year to disclose publicly the income tax they pay within the European Union, country ...
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Special report: Are FCPA actions merely a slap on the wrist?
Companies on the receiving end of an FCPA enforcement action often face monitoring, fines, and litigation as a result. But many times, what they don’t experience is a drop in their share price. In fact, among the largest FCPA violations on record, many companies saw no drop in share price. ...
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Blog
SEC obtains settlement in kickback scheme
Seven individuals from broker-dealer Direct Access Partners settled charges with the SEC last week for their role in a massive kickback scheme to secure the bond trading business of a state-owned Venezuelan bank. As Compliance Week previously reported, the SEC and Department of Justice unsealed criminal charges in May 2013 ...
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FinCEN fines Sparks Nugget casino $1 million for AML violations
The Financial Crimes Enforcement Network (FinCEN) recently slapped a $1 million civil money penalty on Sparks Nugget casino for willfully violated the anti-money laundering provisions of the Bank Secrecy Act. “Despite the fact that it hosted convicted embezzlers and had been repeatedly alerted to suspicious transactions by its own BSA ...
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Las Vegas Sands pays $9 million for FCPA violations
Las Vegas Sands has agreed to pay a $9 million penalty to the Securities and Exchange Commission to settle charges that it violated the Foreign Corrupt Practices Act by failing to properly authorize or document millions of dollars in payments to a consultant facilitating business activities in China and Macao.
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ISO 37001 anti-bribery standard gains momentum
Image: The push to adopt ISO 37001, a uniform set of international anti-bribery management system standards, is gaining momentum on a global scale and ultimately will raise the bar for compliance officers looking to reinforce their anti-bribery compliance programs. “This is the first time that you will have an internationally ...
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Blog
Braid Group to pay £2.2 million in bribery case
Scotland’s prosecution service this week announced a £2.2 million civil settlement with Braid Group (Holdings), a Glasgow-based diversified global logistics company to resolve allegations that it obtained business through unlawful conduct. In a statement, Linda Hamilton, head of the Civil Recovery Unit, said that “Braid is to be commended for ...
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Criminal Division launches new FCPA pilot program
Effective today, the Department of Justice’s Criminal Division has launched a one-year “pilot program” in the Fraud Section’s FCPA Unit as part of the agency’s effort to promote both transparency and accountability. At the end of the one-year pilot period, the Fraud Section will determine whether to extend or modify ...
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Preparing for a HIPAA compliance audit
The Department of Health and Human Services’ Office for Civil Rights has officially kicked off its second phase of audits for covered entities and their business associates to review compliance with the Health Insurance Portability and Accountability Act’s privacy, security, and breach notification rules. CW’s Jaclyn Jaeger says healthcare CCOs ...
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VimpelCom discloses more details on FCPA damages
Amsterdam-based VimpelCom, a global telecommunication services provider, said last week in its annual report with the Securities and Exchange Commission that it has set aside $105 million for legal expenses associated with its $795 million settlement reached last month with U.S. and Dutch prosecutors for paying bribes to a government ...
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SFO general counsel Alun Milford offers details on inner workings of SFO
Image: During remarks at the European Compliance and Ethics Institute conference in Prague, Alun Milford, general counsel for the U.K. Serious Fraud Office, provided some rare insight into the inner workings of the SFO. He also provided some hints on cases that are on the horizon, including “a LIBOR-fixing trial ...