Mergers & Acquisitions Criminal Law International Trade

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Facts are chiels that winna ding*

I. Introduction - This essay reflects on how facts are established for purposes of European competition cases, how these facts are tested when they are inconsistent or disputed, and what improvements might be made. After...more

SEC: Local Language Essential to FCPA Compliance

In yesterday's Orthofix settlement for FCPA violations in Mexico, the SEC said what some of us already knew. The use of local language is essential to "effective" FCPA compliance. This article provides examples of why it is...more

FCPA Reform Efforts and Anti-Corruption Enforcement

Highlights - New Department of Justice (DOJ) guidance on the FCPA expected later this year to address a range of issues important to corporate compliance programs. - Lawmakers appear content to await the new...more

Transparency International Issues UK Bribery Act Guidance on Mergers, Acquisitions and Investments

As a consequence of the entry into force of the Bribery Act 2010 (the Act) on 1 July 2011, for the first time, anti-bribery due diligence has become a necessity for companies undertaking mergers, acquisitions and investments....more

U.S. Government Settles International “Trading with Enemy” Act Claims Against ING Bank

The U.S. government settled an international investigation and threatened prosecution against ING Bank N.V. in a case highlighting the international nature of modern banking as well as governmental investigations and...more

Business Pushback against Brazil Foreign Bribery Bill

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

Tampering with Documents in Connection with a Merger Investigation can Land You in Jail!

One does not usually associate the possibility of criminal penalties with the Hart-Scott-Rodino Act premerger review process. However, on May 3, 2012, the U.S. Department of Justice ("DOJ") announced that an executive of a...more

Four To-Dos before Seeking Outside FCPA Help

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

Reminder: the DOJ Has Criminal Antitrust Enforcement Powers Beyond Price Fixing

On May 3, the U.S. DOJ announced that an executive of South Korean-based Hyosung Corporation agreed to plead guilty and to serve time in a U.S. prison for obstruction of justice charges in connection with an automated teller...more

May 8, 2012 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

Brand Names and More (Why the Wal-Mart Bribery Case is a Big Deal)

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

Wal-Mart's Bribery in Mexico (Part 2: Insights into Specific Corruption Risks)

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

Buying an FCPA Violation: Successor Liability is Alive and Well

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

What is ‘Extraordinary Cooperation’ in an FCPA Enforcement Action?

As a general rule, Cobb noted that ‘extraordinary cooperation’ will not be the definition given by the company but by the DOJ. This is an important discussion to have with your client very early on to set a proper...more

Mergers & Acquisitions and Anti-Corruption Compliance

As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture.  Simply put, you don’t want to acquire...more

January 20, 2012 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

January 19, 2012 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

To (Voluntarily) Disclose or Not To Disclose: That is the Question?

Michael Volkov questions the Justice Department's voluntary disclosure program for FCPA violations...more

Insider Trading Compliance

An outline of insider trading compliance program elements....more

Boards of Directors and Compliance: Four Areas of Inquiry

In an article in the December 2011 issue of Compliance Week Magazine, entitled “Board Checklist: What Every Director Should Know”, author Jaclyn Jaeger reported on a panel discussion at the Association of...more

The Saga of MF Global - Don't Shoot the Messenger, Fire the Chief Compliance Officer

These two bits of guidance came to mind when reading about MF Global over the past few weeks, regarding its Chief Risk Officer, the financial services equivalent of a CCO. As reported on December 15, in a New York Times (NYT)...more

McNulty's Maxims, the Deepwater Horizon and FCPA Internal Controls

I often write about what I call Paul McNulty’s three maxims of a Foreign Corrupt Practices Act (FCPA) compliance program: 1) What did you do to prevent it?; 2) What did you do to detect it?; and 3) What did you do to...more

The FCPA Database - A Great New Resource for All Things Compliance

Yesterday the FCPA Blog wrote about a new resource available to the compliance practitioner, the FCPA Database. Intrigued by this introduction and still needing to cool off from my rant about the worst conflict of interest...more

The Worst Conflict of Interest Move of All-Time (at least since Enron)

In every Code of Conduct that I have seen there is a Conflict of Interest (COI) provision. Many people, including myself, have wondered why something so self-obvious as a written company Code of Conduct would be listed as the...more

Does the FCPA Apply to Retailers? Ask Wal-Mart (or Aaron Murphy)

I am often asked the question by representatives of retailing companies of whether the Foreign Corrupt Practices Act (FCPA) applies to their businesses. While I have always answered in the affirmative, this question was...more

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