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“Employees Facing Corruption: A Personal Reflection.”

In the Journal of Business Compliance, which was brought to my attention via Philippe Montigny (CEO, Ethic-Intelligence) and Scott Killingsworth (Partner, Bryan Cave, and who also is on the editorial board) I read with great...more

Stopping the DOJ at the Border? A New Defense to the Reach of Federal Extraterritorial Criminal Action

In a one-day Department of Justice Antitrust Division takedown last September, nine international companies based outside the United States pled guilty to criminal antitrust violations and agreed to pay more than $740 million...more

EY Fraud Survey & Compliance Fatigue. Do as I say not as I do.

A few weeks ago I posted “EY Global Fraud Survey: “Depressing,” yes, surprising, no” and shortly thereafter, Philipp Kloeber, Consultant at Ernst & Young, Melbourne, Australia was kind enough to refer me to the EY paper...more

How to Avoid Corruption Risks in China [Video]

The recent headlines on China's expanding anti-corruption investigation and enforcement action is a significant event in global anti-corruption enforcement. For companies operating in China, the risks have now increased...more

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

Swiss National and Former Energy Executive Criminally Charged Under FCPA

In an illustration of the extraterritorial reach of the Foreign Corrupt Practices Act (FCPA), Alain Riedo, a Swiss citizen and the general manager of Maxwell Technologies S.A. (Maxwell), a Swiss subsidiary of a US public...more

Prosecution Of Frauds And Crimes In The C-Suite: What Can We Learn From These Cases And Trends?

The press, members of Congress, and judges have become increasingly vocal in condemning what they perceive to be inadequate criminal prosecution of executives responsible for corporate crimes. In response, U.S. Department of...more

Corporate Compliance Policies – Interview with Bridget Rohde, Member, Mintz Levin [Video]

Attorney Bridget Rohde, Member of Mintz Levin's Litigation Practice, discusses the importance of comprehensive corporate compliance policies....more

Read All About It-Newspaper Reporting And FCPA Allegations

One of the avenues rarely discussed for allegations of violations of the Foreign Corrupt Practices Act (FCPA) to work their way to the Department of Justice (DOJ) or Securities and Exchange Commission (SEC) is through good...more

Deferred Prosecution Deals and Sentencing Guidelines Come to the UK: How Will They Work in Bribery and Corruption Cases?

Although the perceived slow pace of investigations and prosecutions by the Serious Fraud Office ("SFO") has come in for a great deal of commentary and criticism, it does appear that the SFO is slowly but surely ramping up its...more

A New Era of Canadian Anti-Corruption Enforcement?

This year has been a watershed in terms of Canada’s enforcement of its Corruption of Foreign Public Officials Act (“CFPOA”): • In January 2013, a record fine of CAD 10.35 million (USD 10.27 million) was imposed on...more

News Corp As Corporate Suspect – Between Scylla And Charybdis?

Yesterday I used the lyrics from Emerson, Lake and Palmer’s song Karn Evil No. 9, First Impression, Pt. 2 - “Welcome Back My Friends, To The Show That Never Ends” as an entrée into the topic of the investigation of JP...more

Ukraine introduces criminal liability of businesses

On 1 September 2014, criminal liability of legal entities will be introduced in Ukraine. The President of Ukraine signed a relevant law, under which amendments to the Criminal Code and the Criminal Procedure Code of Ukraine...more

Canada and the United States Join Hands to Hunt Down Securities Fraud: Double Exposure for Companies and Their Executives?

Companies facing the recent surge of regulatory change in the United States, particularly under the Dodd-Frank Wall Street Reform and Consumer Protection Act, now may have Canadian regulators to worry about as well. On June...more

Brazil’s New Clean Companies Act Continues Global Fight Against Corruption

After years of legislative limbo, and in response to growing social unrest, on Friday, August 2, 2013, President Dilma Rousseff signed into law the Clean Companies Act (the “Act”)—Brazil’s first sweeping anti-corruption law...more

Board Of Directors And Doing Business In China Under The FCPA

The case of GlaxoSmithKline PLC (GSK) is still resonating across the corporate globe....more

Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President...more

Nevada Cracks Down On “Nominee” Directors And Officers

Over the years, some have promoted the use of so-called “nominee” directors and officers as a means to hide the ownership and control of a corporation...more

Joint Ventures: Sanctions and Corruption Risks

Expansion into both new and emerging markets is a continuing trend for companies across many industry sectors. In a number of jurisdictions, local law restricts foreign companies from establishing wholly owned subsidiaries -...more

Will Independent Directors Be on the Hook for Failure of Internal Controls in FCPA Cases?

The Foreign Corrupt Practices Act ("FCPA" or "the Act") prohibits bribery of foreign public officials in order to obtain or retain business. In addition to its anti-bribery provisions, the FCPA contains accounting provisions...more

New Brazilian Legislation Addresses Bribery By Corporate Entities

Bill Provides Important Incentives for Corporate Compliance Programs - The millions of Brazilians protesting in recent weeks in cities and towns across Brazil have brought important and far-reaching corruption reform...more

Significant FCPA Enforcement Actions In 2013 – Individuals

77 years – that is how long Great Britain went without a native son winning the Men’s Singles title at Wimbledon....more

Canada Continues Its Aggressive Push In Anti-Corruption Enforcement

Several years ago, Canada was regularly cited for its lack of commitment to anti-corruption enforcement. Canada got the message and it ramped up its anti-corruption program....more

UK Prosecution Authorities Launch Consultation on Deferred Prosecution Agreements (DPAs)

On June 27, the Serious Fraud Office and Director of Public Prosecutions launched a consultation on DPAs, which are being introduced under the Crime and Courts Act 2013 in February 2014....more

SFO and DPAs: A Good Idea Begins to Spread

Last Thursday, the U.K. Serious Fraud Office released a draft Deferred Prosecution Agreement Code of Practices (Code) for comment. The draft Code represents a significant milestone for ethics and compliance in general, and...more

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