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 remedy it? I had generally thought that the internal controls component of a minimum best practices FCPA compliance program applied to maxim number 2, detection. However, in a recent guest post regarding internal controls entitled “Controls to Prevent Violations of Anti-Bribery Laws, my colleague Henry Mixon explained that “A specific focus is needed to ensure there are control procedures in place to ensure compliance with” maxim number 1, prevention.
Please see full publication below for more information.