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SEC Looks to Increase Focus on Enforcement of FCPA Accounting Provisions

Government enforcement of the Foreign Corrupt Practices Act (FCPA) typically involves both criminal charges pursued by the Department of Justice (DOJ), and civil charges from the Securities and Exchange Commission (SEC). Last...more

"Facilitation": A New Tool for Extraterritorial Sanctions Enforcement?

Recent OFAC and DOJ actions have focused on certain entities – overseas financial institutions – and particular conduct – US dollar clearing and associated “stripping.” The DOJ’s recent $232 million settlement and negotiated...more

A Journey to the Dark Side of Business Ethics and Steps to Protect Your Organization

On May 11th, 2015 I will lead a session at the GRC Summit 2015 titled “A Journey to the Dark Side of Business Ethics and Steps to Protect Your Organization.” My journey comes not from the fields of audit, law, investigation...more

March Bribery Digest – Beyond FCPA Compliance

Today’s bribery digest is a little bit different than our past versions – rather than focusing specifically on FCPA compliance and enforcements, we’re taking a look at bribery news around the world. We’ve got a story from...more

Beyond the Foreign Corrupt Practices Act (FCPA)

When Ethical Boardroom invited me to write this article, I started thinking about issues that go beyond the ‘bolt-on’ model of anti-bribery compliance. For, as Alison Taylor, director of energy and extractives at BSR...more

Alert: Civil Claims for Bribery: an Overview of the English and Common Law Position

Take a simple bribery scenario. A foreign Government Minister is the key decision-maker for the award of a contract to build and operate infrastructure, say a toll road. A UK contractor wins the contract in a purportedly...more

Lincoln Assassinated and HSBC’s Continued Self-Inflicted Woes

HSBC continues to stay in the news, unfortunately largely for the wrong reasons in the realm of anti-corruption, facilitating tax evasion and money laundering. In an article in the New York Times (NYT), entitled “HSBC Is...more

Navigating FCPA Risks in Global Private Equity Ventures

In light of the global nature of the private equity industry, minimizing Foreign Corrupt Practices Act (FCPA) risks is an important consideration for private equity firms and their portfolio companies. ...more

March 2015: White Collar Litigation Update

Implications of the U.S. Department of Justice’s Increased Pursuit of Corporate Guilty Pleas and Stringent Settlement Terms. In recent years, the U.S. Department of Justice (“DOJ”) has become increasingly aggressive in...more

Schlumberger and PayPal Settlements Reinforce Breadth of Sanctions Compliance Challenges

Last week, U.S. authorities settled criminal charges against a subsidiary of Schlumberger Ltd. and civil claims against PayPal, Inc. Federal authorities alleged that these companies violated U.S. embargoes and other economic...more

Brazil’s Clean Companies Act: One Year Later, Is It Finally Getting Teeth?

While 2014 started with much fanfare over Brazil’s Lei da Empresa Limpa or “Anticorruption Law” (Lei no. 12.846/2013), also referred to as the “Clean Companies Act” (CCA), coming into effect, it seems that the remainder of...more

New UK Competition Watchdog Sets Its Sights on Cartels

The UK’s Competition and Markets Authority (CMA) recently released its Annual Plan for 2015/2016. The Plan announces the CMA’s enforcement priorities for what will be the second year since the new organization assumed its...more

Just “Say No” to Bribery, but Prepare First. A Front-Line Story

Today’s Q and A is with Mike Kenealy. Hello Mike, and thank you for joining us for this Q and A. First, perhaps you can share with today’s readers more about your perspective and experience. MK: Hi Richard,...more

An Eerie Silence

There’s an eerie silence in the world of fraud prosecutions in the UK. A Libor trial is about to start, a FCA land banking prosecution is on trial at Southwark, but with reporting restrictions, and a couple of weeks ago David...more

Internal Accounting Controls – The Framework for Enforcement (Part II of IV)

When you review the actual law surrounding books and records and internal controls, you wonder to yourself what took the Justice Department and the SEC so long to discover the full power of the provisions....more

Does Robust Compliance Mean Understood Compliance?

If I had to summarize my experience of last week, where I participated in three compliance events, that statement from one of my lunch partners, would be it. First, an up front thank you to the organizers of the Inside...more

U.S. Government Announces Significant Sanctions Enforcement Actions Against Schlumberger and PayPal

The U.S. Government announced two major sanctions enforcement actions this week that reinforce the compliance challenges faced by both U.S. companies with international activities and non-U.S. companies subject to U.S....more

Schlumberger Faces More Than $232.7 Million in Penalties and Pleads Guilty to Criminal Charges for Violations of U.S. Sanctions

On March 25, 2015, Schlumberger Oilfield Holdings, Ltd. (“SOHL”), a wholly owned subsidiary of Schlumberger Ltd., the world’s largest oil-field services company (collectively “Schlumberger”), agreed to plead guilty to...more

Biomet FCPA Announcement Highlights Distributor-Related Risks

Last week, Biomet Inc. announced in a filing with the U.S. Securities and Exchange Commission (SEC) that instead of its 2012 deferred prosecution agreement with the U.S. Department of Justice (DOJ) regarding violations of the...more

3 Reasons to Re-Evaluate Your Ethics and Compliance Program for India

The Network recently expanded our business presence in India to meet the increasing demand for our ethics and compliance solutions in that region. I will be traveling there later this year to meet with our team as well as...more

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...more

The Gathering Momentum of Anti-Bribery Enforcement in Australia

Today’s interview is with Julian Fenwick and Jane Ellis, both Anti-Bribery Compliance Professionals in Australia. Given the recent reporting concerning anti-bribery, corruption, and compliance issues in Australia, I thought...more

This Week In Securities Litigation

The broken windows approach to enforcement continued this week. The Commission bundled together eight settled administrative proceedings centered on going private transactions in which the Respondents failed to update their...more

Corporate Investigations & White Collar Defense - March 2015

The SEC’s Settlement with Goodyear: A Cautionary Tale - Why it matters: In a settlement announced on February 24, 2015, the SEC found Goodyear to be in violation of the FCPA in connection with bribes paid by two...more

Alert: Recovering the Proceeds of Corruption: How States Can Recover Stolen Assets

Cooley discusses the legal options open to states seeking to locate, freeze and recover the proceeds of corruption laundered to foreign states, and considers their advantages and disadvantages. Corruption cases are...more

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