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And Up to Twenty Years in Prison: The Criminalization of US Customs Violations

The United States’ traditional reliance on only civil penalties against trade violators is changing. During the past several years, the US government has increasingly brought criminal charges against alleged violators, both...more

June FCPA Compliance Digest | BONUS: Global Anti-Corruption and Anti-Money Laundering News

I love writing articles where I get to discuss companies making history. PetroTiger has been exonerated from criminal FCPA prosecution by the DOJ. That’s only happened once before, in the case of Morgan Stanley....more

Government Contracting Abroad: Beware Compliance Risks

On June 16, 2015, IAP Worldwide Services Inc., a private defense and government contracting company, agreed to pay $7.1 million to settle criminal charges of the U.S. Foreign Corrupt Practices Act (FCPA) related to bribing...more

DOJ: Companies Need Not Expend Exorbitant Fees to Get Full Cooperation Credit

During an FCPA panel event, the Chief of the US Department of Justice’s Fraud Section advised companies to conduct “targeted” FCPA investigations, dismissing the suggestion that companies must spend hundreds of millions of...more

I Was An Irrational Compliance Calculator

In what might be described as a “companion guide” to my Ethikos article Does Compliance Need More “Darkside,” I had a chance to read Scott Killingsworth’s work in the same edition, The Irrational Calculator: Sales at the...more

D.C. Circuit Says “Heads I Win, Tails You Lose” Is Maybe Not the Best Set of Rules for Criminal Forfeiture

If you’re a federal prosecutor, you have a lot of tools at your disposal. Crimes waiting to be indicted are abundant. If you’re having trouble getting a defendant sentenced as a career offender, you can see if he fits as a...more

Never Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation

“So you are the great lawyer I’ve been told about!  But, you are so young!  I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let...more

Conspirators Get Prison Time for Defrauding Small Business 8(a) Program

White-collar crime can involve any number of types of fraud against the government or private parties. One that isn’t usually thought about but can result in serious jail time involves conspiracies to obtain government...more

Is Your DBE Performing a Commercially Useful Function? Enforcement Trends in DBE Fraud Cases

Companies that have been awarded government contracts through a disadvantaged business enterprise (DBE) program or similar program face increasing scrutiny as criminal prosecutions continue to mount and civil penalties...more

White Collar Watch - September 2012

IN THIS ISSUE: - Government Contractor Indictments Provide Reminder of Importance of Strong Workplace Policies, Training and Enforcement pages 1 - 2 - Winter Olympics in Russia Set Stage for FCPA Scrutiny pages 2...more

In-House Counsel: A Juggling Act (Part I of II)

Let’s try and look at the world from the viewpoint of in-house counsel. In a two-part series, I try and focus on the current state of in-house counsel. Part I focuses on the overall view from a macro-standpoint. Part II...more

Imagine a “Mandatory” Disclosure Requirement: It’s Easy if You Try

The Justice Department urges companies to voluntarily disclose FCPA violations. In exchange for a confession, DOJ offers companies two important benefits: (1) absolution for any criminal activity; and (2) a reduced criminal...more

Nueva Ley Federal Anticurrupción en Contrataciones Públicas

La nueva Ley Federal Anticorrupción en Contrataciones Públicas (la "Ley Anticorrupción"), entró en vigor el día 12 de junio de 2012. La presente Ley tiene por objeto establecer las responsabilidades y sanciones a las personas...more

Mexico's New Federal Anti-Corruption in Public Contracts Law

Mexico's new federal Anti-Corruption in Public Contracts Law (the "Anti-Corruption Law") became effective on June 12, 2012. The Law establishes liabilities and penalties on foreign and Mexican individuals and corporations who...more

The “Greatest” Risk of All – The False Claims Act

Companies complain about the burdens of anti-corruption compliance. They need to put things in perspective. The “greatest” risk of them all may be the False Claims Act (FCA). FCA violations can lead to severe...more

Anti-Bribery Legislations: A Business Barrier?

The enactment of Anti-Bribery legislations had impacted how a corporation can do business around the globe. Some of those legislations, namely Foreign Corrupt Practices Act 1977 (FCPA) and UK Bribery Act 2010, are long-arm...more

FCPA Settlement Agreements, Monitors and Self Monitoring

This article explores an apparent trend of the DOJ less frequently requiring Independent Corporate Monitors as part of their settlement agreements (i.e. deferred prosecution agreements, non-prosecution agreements,...more

Actas de la historia legislativa de la Ley de Responsabilidad Penal de las Personas Jurídicas (20.393)

Actas de la historia legislativa de la Ley de Responsabilidad Penal de las Personas Jurídicas (20.393)

Actas de la historia legislativa de la Ley de Responsabilidad Penal de las Personas Jurídicas (20.393), incluyendo todos los trámites en ambas cámaras....more

Compliance in Brazil: Current and Future Perspectives

Compliance in Brazil: Current and Future Perspectives...more

2010 FCPA Year In Review

Through enforcement, administrative action, and new legislation, the Foreign Corrupt Practices Act (“FCPA”) grew additional muscle and even sharper teeth in 2010. The U.S. government assessed nearly $2 billion in FCPA-related...more

It’s Not Just the Conviction — It’s Also the Consequences

Attention: top executives in the healthcare industry. Take heed, or you could be forced to seek employment in a different industry, as three former top executives at Purdue Pharma recently found out. In May 2007, Purdue...more

Ninth Circuit Weakens Rule 9(b) In False Claims Act Litigation

The U.S. Court of Appeals for the Ninth Circuit recently weakened the impact of Federal Rule of Civil Procedure 9(b) in False Claims Act (“FCA”) cases. The FCA allows whistleblowers (called “relators”) to bring lawsuits...more

U.K. escalates anti-corruption efforts: Serious Fraud Office steps up enforcement of existing laws, and new ‘Bribery Bill’ is...

During the past few years, foreign companies increasingly have become the targets of bribery investigations and enforcement actions brought by the U.S. Department of Justice and the U.S. Securities and Exchange Commission....more

LEY 20.393 Resp. Penal de las Personas Juridicas (Chile)

Texto Nueva Ley de Responsabilidad Penal de las Personas Juridicas

Texto de la nueva Ley de Responsabilidad Penal de las Personas Jurídicas....more

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