A Man Overboard Will Not Sink the Ship: How Robust FCPA Compliance Can Keep a Company Out of Hot Water Even When An Executive is... by Sheppard Mullin Richter & Hampton LLP on 5/17/2012 The story of one man prosecuted by the SEC and the DOJ for an FCPA violation may run a little below the radar these days, when allegations of bribery by manufacturing, retail, and entertainment companies plaster the...more
Business Pushback against Brazil Foreign Bribery Bill by Matteson Ellis on 5/15/2012 In January 2012, FCPAméricas reported on how Brazil is currently considering an overhaul of its foreign bribery law. In March, we reported on how a special committee created by the Brazilian Congress to analyze the bill made...more
Four To-Dos before Seeking Outside FCPA Help by Matteson Ellis on 5/10/2012 General Counsel and Internal Compliance Officers get approached regularly by outside FCPA service providers. Given so many options, companies that are ready to enhance their FCPA compliance programs often do not know where to...more
May 8, 2012 - The Federal Crimes Watch Daily by McNabb Associates, P.C. on 5/8/2012 The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more
Morgan Stanley: Did the Justice Department Rollover? by Michael Volkov on 5/8/2012 You have to give the Justice Department credit – they are crafty and can be very politically astute. The Justice Department played a very subtle political game with the Morgan Stanley settlement. You have to give them...more
Jurors Behaving Badly by Morvillo, Abramowitz, Grand, Iason, Anello &... on 5/3/2012 A closely watched white-collar criminal case poses an interesting question in a challenging context: just how egregious do a juror’s lies during jury selection have to be in order to warrant a new trial? United States v....more
Legal Alert: High Profile Allegations of FCPA Violations Require Compliance Assessment by Ford & Harrison LLP on 5/2/2012 Executive Summary: The United States Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) are aggressively pursuing allegations of violations of the Foreign Corrupt Practices Act (FCPA) against US and...more
Brand Names and More (Why the Wal-Mart Bribery Case is a Big Deal) by Matteson Ellis on 5/2/2012 Will the Wal-Mart bribery case in Mexico have a lasting effect on compliance? Or is it a fleeting headline? This article discusses some reasons they this FCPA case will matter....more
Morgan Stanley Goes One for One with a Best Practices Compliance Program by Thomas Fox on 5/2/2012 I believe that the Peterson enforcement action is one of the most significant in 2012 to date. It provides solid guidance to the compliance practitioner on what the DOJ and SEC think is important and gives you actions that...more
DOJ/SEC Bring First FCPA Case Involving Private Fund Investment Adviser by Ropes & Gray LLP on 5/1/2012 On April 25, 2012, the Securities and Exchange Commission (the “SEC”) charged a former Managing Director in Morgan Stanley’s Chinese real estate investment and fund advisory group with violations of the Foreign Corrupt...more
Wal-Mart's Bribery in Mexico (Part 2: Insights into Specific Corruption Risks) by Matteson Ellis on 4/25/2012 What is an FCPA compliance practitioner to make of the recent Wal-Mart de Mexico bribery allegations? This article lists eight insights into specific corruption risks raised by the matter....more
Wal-Mart's Bribery in Mexico (Part 1: Notable FCPA Aspects of the NYT Expose) by Matteson Ellis on 4/24/2012 There are numerous reasons why the New York Times expose on Wal-Mart's bribery scheme in Mexico is notable. This article highlights a few of the important FCPA issues....more
Washington D.C.: An Era of Unprecedented Enforcement by Michael Volkov on 4/4/2012 Once in a while it is important to take a step back and look at overall trends. Too many lawyers in Washington D.C. suffer from myopia and fail to see important trends outside their particular area of expertise. The...more
Ponzi Schemer Marc Dreier Confesses 'Sins' in New Film [Video] by Bloomberg Law on 4/3/2012 Mar. 30 (Bloomberg) -- Marc Simon, a filmmaker and partner at Cowan, DeBaets, Abrahams & Sheppard LLP, discusses his documentary "Unraveled" which explores the downfall of Marc Dreier, a prominent Manhattan attorney, who was...more
Buying an FCPA Violation: Successor Liability is Alive and Well by Michael Volkov on 3/26/2012 FCPA commentators enjoy spending their time picking through the bodies of FCPA enforcement actions for trends and patterns. Sometimes trends are evident and sometimes they are not. One clear picture from FCPA...more