Jaime B. Guerrero

Jaime B. Guerrero

Foley & Lardner LLP

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DOJ Fraud Section Offers Super Credit in FCPA Pilot Program

This week, the Fraud Section of the Department of Justice (DOJ) announced a pilot program that extends additional “mitigation credit” to qualifying companies that “fully cooperate” in matters involving the Foreign Corrupt...more

4/9/2016 - Bribery Compliance Cooperation Corporate Misconduct Criminal Prosecution DOJ FCPA Federal Pilot Programs Federal Sentencing Guidelines Individual Accountability Internal Investigations Popular Remediation Self-Disclosure Requirements Voluntary Disclosure White Collar Crimes Yates Memorandum

Best Practices to Avoid Common FCPA Violations: Third-Parties

While the Foreign Corrupt Practices Act (“FCPA”) is an extremely complex act, there are two common FCPA violations of which automotive companies with international operations should be particularly sensitive. We recently...more

12/15/2015 - Anti-Corruption Automotive Industry FCPA Risk-Based Approaches Third-Party Agents

Best Practices to Avoid Common FCPA Violations: Gifts, Meals, and Entertainment

As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA...more

12/11/2015 - Anti-Corruption Automotive Industry Compliance FCPA Foreign Official Meals-Gifts-and Entertainment Rules

The High Cost of an FCPA Violation

Violations of the Foreign Corrupt Practices Act (“FCPA”) can lead to hefty penalties. Indeed, individuals who violate the FCPA, and their employers, could be on the hook for a variety of penalties described below. Companies...more

9/3/2015 - Anti-Bribery Anti-Corruption Bribery Civil Monetary Penalty Compliance Corruption Criminal Penalties DOJ Exports FCPA Federal Sentencing Guidelines Foreign Official Personal Liability Prison Professional Misconduct Risk Assessment SEC Suspensions & Debarments

Making the FCPA "Reasonable"— Exceptions and Affirmative Defenses

So, we have covered the Foreign Corrupt Practices Act’s (“FCPA”) scope, but the FCPA anti-bribery provisions also contain certain exceptions and affirmative defenses. These exceptions and affirmative defenses attempt to carve...more

5/7/2015 - Affirmative Defenses Chief Compliance Officers Corporate Counsel Exceptions FCPA Foreign Official

The FCPA Mandate in a Nutshell

The consequences of an investigation into bribery allegations can be tricky for any manufacturing company, so it’s important to understand the U.S. anti-bribery provisions. As discussed in our Foreign Corrupt Practices Act...more

3/19/2015 - Books & Records Bribery FCPA Foreign Official Internal Controls Publicly-Traded Companies

The Foreign Corrupt Practices Act: A Pitfall in International Trade

The Foreign Corrupt Practices Act (“FCPA”) should be top of mind for any manufacturer conducting or considering international business. Indeed, any doubts that the government was still interested in investigating and...more

2/19/2015 - Enforcement FCPA Manufacturers Risk Assessment Risk Management Small Business

Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be...more

11/21/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

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