All articles by Tom Fox – Page 26
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VimpelCom and the conscious indifference of a board under the FCPA
Image: The joint Justice Dept., SEC settlement with telecom giant VimpelCom resolving a longstanding FCPA violation will cost the company more than $795 million, say reports. But there’s a bright side, says CW Columnist Tom Fox. The multiple bribery schemes seem to have been supported by top management and will ...
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Customers and corruption risks
What is the cost of corruption? How much due diligence must you perform with those entities that are your customers? Does doing business with companies that have a propensity for corruption put your company at risk? In light of the scandals at Petrobras and Houston-based ENSCO, companies might want to ...
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BlogHow Qualcomm’s FCPA blunder involved rank incompetency
Hiring the son or daughter of a government official to secure a lucrative business contract is clearly out of bounds. But hiring somebody who was specifically rejected from an interview process as being unfit for the job in question, a scenario recently played out at Qualcomm and its China-based operations ...
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Run, don't walk, from CEO conflicts of interest
On March 2, Aubrey McClendon—founder and CEO of American Energy Partners, and co-founder, CEO, and chairman of Chesapeake Energy—died in a fiery one-person car crash, where it appears he deliberately drove his vehicle into a concrete barrier around a highway overpass. This car accident occurred the day after he was ...
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Petrobras refinery explosion reveals poor compliance of a different kind
When corruption-plagued Brazilian energy giant Petrobras overpaid for a Houston-area refinery by some $950 million, it raised more than a few eyebrows. And when that refinery suffered a large explosion and fire recently, it showed that failure to practice good safety and failure to practice good business ethics go hand-in-hand.
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Another bank under FCPA scrutiny for its hiring practices
Financial services providers face unique corruption risks when seeking to win business in international markets. This includes a traditional form of back-scratching: the hiring of children or other close family members of prominent foreign officials. Only now the SEC has made it clear that such practices can and will invite ...
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FIFA dribbles up the pitch toward reform
As FIFA continues to battle its landmark corruption scandal, it has elected a new President and passed a series of structural and process reforms to bring the organization into the 21st century and demonstrate to U.S. authorities that it really is going to change from its prior culture. But is ...
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Fighting corruption in the light of day
Image: FIFA isn’t the only major sporting organization with corruption problems. The United States Tennis Association has created a problem for itself by allowing an umpire, who was suspended for corruption, to continue to officiate at the 2015 U.S. Open. Inside, CW’s corruption blogger Tom Fox examines USTA’s reasoning behind ...
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When are campaign contributions FCPA violations?
A recent article in the Financial Times by Simon Kuper, titled “How to buy a foreign election” reminded me that the FCPA specifically makes illegal more than simply bribing a foreign government official or some employed by a state owned enterprise to secure an improper advantage. The FCPA also makes ...
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Justice Department concludes $795M FCPA action against VimpelCom
Image: Dutch telecom giant Vimpelcom will be hit with nearly $800M in fines, penalties, and disgorgement of profits and prejudgment interest from its huge FCPA case where it spent millions to bribe its way into the Uzbekistan marketplace. Tom Fox looks at the details of the Justice Department’s FPCA enforcement ...
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Corruption can give you a very bad few days
Title: Corruption can give you a very You know it is going to be a bad day when you see your company’s name splashed across a BBC investigative report into alleged payment of bribes to secure business contracts. However, your day can get considerably worse when US congressmen, call ...
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€30 million for cup of tea? Good work if you can get it
FCPA blogger Tom Fox looks at an unfolding scandal that involves a murdered Mongolian paramour, a contract for submarines, embattled Malaysian Prime Minister Najib Razik, middleman Abdul Razak Baginda, and the most lucrative cup of tea in recent memory.
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SciClone Settles with the SEC on FCPA Enforcement Action
Title: SciClone Settles with the SEC As SciClone Pharmaceuticals settles with the SEC for FCPA violations committed by a Chinese subsidiary, Tom Fox considers how the finer points of granting favors to government officials merits greater compliance scrutiny.
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The Greek Culture of Corruption
Envelopes stuffed with cash and entire industries poised to take action against the first sign of whistleblowing are just two of the hallmarks of the endemic corruption that bedevils the entire Greek economy. What can be done when compliance isn’t just absent in a country, but actively avoided as a ...
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The SAP and Garcia FCPA Enforcement Actions - The Government Speaks, Are You Listening?
As the SEC concludes its Foreign Corrupt Practices Act investigation into suspected illegal activity by former SAP International Vice President of Global and Strategic Accounts Vicente Garcia for bribery and corruption in sales to certain government officials in Panama, we are seeing some clear signs about where FCPA enforcement will ...
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The Swiss Tackle International Corruption
Last week the Swiss government announced that it had found improprieties in the conduct of the Malaysian government’s sovereign wealth fund, 1Malyasia Development Berhad. The problem for the government of Malaysia is that the sovereign wealth fund is headed by the country’s Prime Minister, who had over $700 million deposited ...
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Treasury Moves to Shine a Light on Real Estate Transactions
Recently, the U.S. Treasury Department said it would begin demanding to know the names of folks behind the shell companies, which ultra-wealthy foreigners use to hide behind multimillion-dollar real estate purchases. Efforts by the U.S. Treasury Department to police more closely large cash purchases of real estate as a method ...
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What Will Wal-Mart Wrought?
Please forgive the mixed tenses in the title but I have been thinking about what the Wal-Mart anti-corruption matter might mean at the end of the day.
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February 1 Deadline for Data Transfer Clarity
February 1 is a date that all U.S. and EU compliance practitioners need to circle. It’s the deadline for the U.S. Department of Commerce and the European Commission to reach a deal regarding the transfer of data from EU countries to the United States. As of now, the two still ...
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Board of Directors and Line of Sight Into Compliance Trends
Image: A board of directors must set the appropriate tone at the top for any organization. Yet it must do more than simply set the tone, sit back, and do nothing. A board needs to take a hard look at the information it is being presented and tell management to ...