Corruption

News & Analysis as of

Anti-Corruption Issues Spotlighted at the IBA Latin American Regional Forum Conference April 10, 2014

The perception of corruption in Latin America is a stigma that the counties are working to overcome. It’s no surprise that “Greasing Palms-Current Regulatory and Enforcement Trends in Anti-Corruption in Latin America” was a...more

HP, Three Subsidiaries Pay $108 Million To Settle FCPA Charges

The Russian, Polish and Mexican subsidiaries of Hewlett-Packard Company resolved criminal FCPA charges with the Department of Justice while the parent corporation settled with the SEC. ZAO Hewlett-Packard A.O., or HP Russia,...more

North America Far Behind Europe in Fight against Global Corruption

North American companies lag behind the rest of the world when it comes to implementing anti-bribery training and policies, according to recent statistics from The Conference Board Inc.(TCB). ...more

Corruption Continues To Eat Away At India

At first glance, India is a country of incredible economic opportunity. India’s GDP is slated to continue to grow five (5) percent each year. It has the third biggest economy in the world, below the US and China....more

Anti-Corruption Digest - March 2014

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. Anti-corruption enforcement crosses boundaries like no other, so keeping up to date is more important than ever. In this digest, we draw together news of...more

FCA Fines Besso Limited for Anti-Bribery and Corruption Systems Failings

The Financial Conduct Authority (FCA) has fined Besso Limited, an independent management owned general insurance broker in the Lloyd’s Broking group, £315,000 for a failure to take reasonable care to establish and maintain...more

SNC-Lavalin at Center of Corruption Scheme Involving Jacques Cartier Bridge

Montreal-based construction and engineering giant SNC-Lavalin is at the center of another Canadian kickback scheme, this time in connection with the $125-million restoration of the Jacques Cartier Bridge....more

China Cracking Down On Pharmaceutical Corruption

Stricter Blacklist Regime - On December 25, 2013, the National Health and Family Planning Commission of China (“National Health Commission”, former Ministry of Health) issued the amended Provisions Regarding the...more

Marubeni Gets Hit Again for FCPA Violations - DOJ Says the Company Did Not Voluntarily Disclose the Conduct and Refused to...

In a courtroom in New Haven, Connecticut, on March 19, 2014, Marubeni Corporation (Marubeni), a storied Japanese trading company headquartered in Tokyo, pleaded guilty to an eight-count criminal information charging Marubeni...more

White Collar Crime: Reading Minds

The difference between white collar and violent crime usually comes down to this: In most cases of violent crime, the actor’s state of mind is not at issue: the cases often center on whether the specific person charged...more

Board Reform: The Unpredictable Factor Of Personal Interactions

As I get older, I try and convince myself I am getting wiser. But I know that is not right. Maybe a better way to say it is I am better at guessing. Some like to call that educated guessing. Talk about an oxymoron....more

Something Is Rotten In Denmark Or Is It The Banking Industry?

“Something is rotten in the state of Denmark” is one of the signature lines from Shakespeare’s play Hamlet. I thought about that when I read a couple of recent articles in the New York Times (NYT), entitled “Questions Are...more

Just Say No: Refusing To Pay Bribes

I was never a big fan of the Reagan Administration’ solution to America’s drug problem – Just Say No. The phrase was a simple solution to a more complex problem, one that people now recognize as a health problem rather than...more

Eleventh Circuit Affirms Dismissal of RICO Claims

Is there a statute with a better acronym than RICO? The Racketeer Influenced and Corrupt Organizations Act, apart from its great acronym, has been both a great success and a tool for misuse. We don’t often see RICO...more

Addressing Public Corruption is Fundamental to Trade Facilitation

With the finalization of a Trade Facilitation Agreement (“TFA”) at the conclusion of the 9th Ministerial Conference in Bali, Indonesia, on December 7, 2013 (see: https://mc9.wto.org/system/files/documents/w8_0.pdf), the World...more

What Happens In Ecuador Does Not Stay In Ecuador

In last week’s decision in Chevron v. Donziger, the court enjoined the enforcement of a $9.5 billion Ecuadorian judgment against Chevron Corp. for environmental pollution, alleged to have been caused by its predecessor,...more

Red Notice Newsletter - March 2014

This month on the anticorruption front, a New York court orders two former Siemens executives to pay record civil penalties in a bribery case involving the company’s Argentina business; Canada prosecutes former executives...more

Getting the Deal Through – Anti-Corruption Regulation 2014: Bermuda

1. International anti-corruption conventions: To which international anti-corruption conventions is your country a signatory? - Bermuda is a self-governing British overseas territory, whose legal system is based...more

Deemed Public Officials: A Potential Risk for US Companies in Japan

Japan is one of the lower-risk countries for US companies in terms of compliance issues involving bribery and corruption. Transparency International’s 2013 Corruption Perceptions Index places Japan 18th out of 177...more

New Report Reveals Global Impact of Economic Crime

Economic crime is increasingly impacting global businesses according to a recent report from professional services firm PricewaterhouseCoopers (PwC). Globalization and growing reliance on technology and online processes are...more

Employee corruption can catch up to businesses

- Q: What is a white-collar crime? - A: While there is no legal definition, white collar is generally used to describe a non-violent, business-related crime committed for financial gain. Antitrust fraud, tax evasion,...more

Royal Commission Into Union Governance and Corruption

On 10 February 2014, the Federal Government announced its intention to appoint Justice Dyson Heydon AC QC as the Royal Commissioner to inquire into trade union governance and corruption. The Royal Commission is a public...more

Bribery Is Bribery

FCPA practitioners, commentators and yes, even the FCPA Paparazzi, all spend a lot of time discussing, analyzing and posing theoretical questions related to the legal issue of who is a “foreign official” under the FCPA. The...more

Where O’ Where Is The Board Of Directors?

If you trace the path of an FCPA violation inside an organization, at a minimum, you will see a path of lost opportunities, oversights and omissions. If you see anything different, you may be looking at a deliberate scheme...more

Once You Start Bribing – I Guess It Is Hard To Stop

News came out last week that chiropractor Stephen Jacobs of Lowell, MA is in hot water with the feds. Dr. Jacobs allegedly paid an IRS auditor $5,000 in cash to ignore two deductions he improperly took on this 2011 income...more

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