All articles by Tom Fox – Page 29

  • Blog

    Update on the Petrobras Corruption Scandal

    2015-10-07T17:00:00Z

    This week one commentator reported that the Netherlands-based SBM Offshore would pay $255 million in fines and penalties for its role in the Petrobras scandal. If SBM Offshore does settle with Brazilian authorities for this amount, it will be a first step in resolving the morass businesses sucked into that ...

  • Blog

    Sponsors Turn Up the Heat on FIFA Corruption

    2015-10-05T11:30:00Z

    Image: Four of FIFA’s largest sponsors have called on the group’s president, Sepp Blatter, to resign immediately given his role in possible misconduct at the soccer organization. (Blatter is now under criminal investigation by Swiss prosecutors.) That business-driven pressure, Compliance Week blogger Tom Fox (left) says, might be the first ...

  • Blog

    New U.S.-China Corruption Cooperation Initiative

    2015-10-01T16:15:00Z

    Image: An interesting development reported this week: The United States and China have agreed to cooperate on the seizure of assets obtained through corruption and on the deportations of Chinese nationals from the United States who engaged in bribery and corruption in China and later fled to America for sanctuary. ...

  • Blog

    Moves Against FIFA, VW: Sweating in the C-Suite?

    2015-09-29T10:45:00Z

    Image: Talk in corporate compliance circles lately has been dominated by the United States and publication of the Yates Memo, where the Justice Department will be pushing for more prosecution of individuals. The real bite for compliance, however, might be happening in Europe, where regulators are moving against the chiefs ...

  • Blog

    This Phrase Is a Key Corruption Indicator

    2015-09-28T09:30:00Z

    Image: Title: FoxCorporate scandals come in many forms, and can violate any number of federal statutes. For compliance officers, however, some key phrases—such as one that has turned up in scandals including Volkswagen and Hewlett-Packard—are the words that should guide your program. When employees utter them, they need to know ...

  • Blog

    FIFA Corruption Scandal: A Business Solution Coming?

    2015-09-25T09:30:00Z

    Image: The fallout from the FIFA corruption scandal continues across the globe (literally), with FIFA audit committee members suspended and investigations expanded. As the next wave of soccer tournaments reaches the planning stages, however, we might be starting to see FIFA taking business practices seriously. Our Man From FCPA, Tom ...

  • Blog

    Compliance and Ethics Sputters at Volkswagen

    2015-09-22T16:15:00Z

    Image: This week, anti-corruption blogger Tom Fox takes a closer look at the scandal involving Volkswagen and its diesel engine cars, intentionally designed to cheat emission standard testing through software nicknamed “defeat devices.” The world’s biggest carmaker admitted to U.S. watchdogs that it deliberately rigged computers in its cars ...

  • Blog

    Yates Memo: More Change Coming in FCPA Enforcement

    2015-09-17T15:45:00Z

    Two weeks ago, Foreign Corrupt Practices Act enforcement took a formal turn when the Justice Department released the Yates Memo, which formalized the department’s new focus on prosecuting individuals under the FCPA. In the same week, there was a much less reported event that could have equally large effect on ...

  • Blog

    The FCPA Enforcement World Changed Last Week

    2015-09-14T09:30:00Z

    Image: The Yates Memo issued by the Justice Department last week, insisting that companies work much harder to help prosecute individuals if they want to receive cooperation credit, is likely to be a sea change in how compliance officers must address problems like Foreign Corrupt Practices Act investigations. Our FCPA ...

  • Blog

    Flying the Unfriendly Skies of Investigations and Resignations

    2015-09-09T20:00:00Z

    Image: Title: SmisekRarely in compliance do you see a CEO resignation as unceremonious as the ouster earlier this week of now former head of United-Continental, Jeff Smisek (left). While his removal doesn’t involve foreign government officials—only local ones at the Port Authority of New York and New Jersey—it does provide ...

  • Blog

    Blood Is Not Thicker Than FCPA Risk

    2015-09-09T15:30:00Z

    The SEC has now taken its first enforcement action in a “princeling” case, fining BNY Mellon for offering plum internships to the relatives of foreign officials to win business with their countries’ sovereign wealth funds. Inside, columnist Tom Fox looks at the case (which is probably the first of several) ...

  • Blog

    FCPA Lessons in Deflate-gate: Consistency of Discipline

    2015-09-09T10:45:00Z

    For those in the FCPA world I would like to focus on one aspect of the court’s ruling: consistency in discipline. In Brady’s appeal, the court was highly critical of the fact that the NFL policy for discipline for first offenses involving equipment violations would result in fines rather than ...

  • Blog

    Do You Have a Windows 95 FCPA Compliance Program?

    2015-09-03T15:45:00Z

    I find the world of sports to be a rich source of tutorials on things not to do for the FCPA compliance practitioner; from suspending Tom Brady for events which happened after DeflateGate, to the St. Louis Cardinals hacking the Houston Astros (of all teams) to steal secrets around player ...

  • Blog

    FCPA and Pursuing Foreign Officials: The Mikerin Example

    2015-09-01T16:15:00Z

    Image: Many Europeans wonder why the U.S. Justice Department does not prosecute foreign officials who receive bribes in violation of the FCPA. The reason, according to CW blogger Tom Fox, is that the FCPA is a supply-side law that does not criminalize the receipt of bribes. But the Justice Department ...

  • Blog

    Naming and Shaming in FCPA Enforcement

    2015-08-31T08:45:00Z

    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.

  • Blog

    Gerald Green and Draconian Results of an Adverse FCPA Verdict

    2015-08-28T14:45:00Z

    Gerald Green, one of the few individuals who went to trial against the Justice Department in a case where the government alleged violations of the Foreign Corrupt Practices Act, passed away last week. Green and his wife Patricia were convicted in 2009 of conspiring with others to bribe a Thailand ...

  • Blog

    Holy Orders: Vatican Picks Up Pace in AML Fight

    2015-08-25T15:00:00Z

    Image: In recent years money laundering has engulfed numerous international institutions, such as the Vatican, which has been roundly criticized by Italian prosecutors for both its failure to carry out appropriate due diligence over its customers and its inability to track suspicious transactions. Those criticisms have led to some dramatic ...

  • Blog

    PetroBras Denies Potential FCPA Settlement

    2015-08-24T13:15:00Z

    Image: Last week PetroBras said in an SEC filing that it is not working with U.S. regulators to end the long list of corruption charges leveled against the company. That statement is merely the latest in a long list of unusual events in the compliance spectacle that PetroBras has become, ...

  • Blog

    FIFA Takes Steps Toward Transparency

    2015-08-18T13:45:00Z

    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 ...

  • Blog

    The Man From U.N.C.L.E. and Modern FCPA Enforcement

    2015-08-17T20:15:00Z

    I recently saw the movie The Man From U.N.C.L.E. It was a rollicking good movie, stylish, set in great locations, with a fabulous score and all the Guy Ritchie touches you would expect. The action all took place in Europe and the locals and governmental cooperation among the U.S., U.K. ...