The Foreign Corrupt Practices Act Bribery

The Foreign Corrupt Practices Act is a United States Federal law enacted in 1974 to create transparency and prevent bribery for U.S.-based corporations conducting business overseas.
News & Analysis as of

This Week In Securities Litigation

The Commission filed another group of settled actions under its initiative regarding municipal bond underwriters. This time a group of fourteen actions were filed. Each centered largely on claims that the underwriter failed...more

Reflections on the SEC- FCPA Enforcement Action Against SAP

The Foreign Corrupt Practices Act (FCPA) enforcement journey, which began last summer with the guilty plea of Vicente Garcia for the payment of bribes to obtain contracts in Panama for his employer, SAP International, ended...more

Cooperation Yields No Penalty in SEC FCPA Settlement

The SEC filed another settled FCPA proceeding in which cooperation substantially mitigated the sanctions. Specifically, a monetary penalty was not imposed on the firm in view of its cooperation, although the company did not...more

Securities and Exchange Commission (SEC) Emphasizes Priority to Bring Enforcement Actions for Commercial Bribery under U.S....

Black’s Law Dictionary defines commercial bribery as “[a] form of corrupt and unfair trade practice in which an employee accepts a gratuity to act against the best interest of his employer.” Commercial bribery is illegal...more

Corruption and Foreign Government Institutions

The FCPA can create a very one-sided view of corruption. The bribe payer is punished and most times the recipient is not. The Justice Department has used creative approaches to ensnare recipients as in the Direct Partners...more

Data Analytics Week – Part V: Bribes on the Other Side of the Ledger and Best Practices Going Forward

I end my review of the types of data analysis that can be used to help detect or prevent bribery through the case studies from Joe Oringel, co-founder and Managing Director of Visual Risk IQ, a firm that helps audit and...more

Data Analytics Week – Part IV: Third Parties and Duplicate Invoices

I continue my exploration of the use of data analytics in a best practices compliance program. Today we look at how data analytics can be used to help detect or prevent bribery and corruption where the primary sales force...more

Take It Easy – Ruminations on Corruption Scandals in International Sports

As I end my week’s exploration of the intersection of bribery and corruption in international sports, I have also ended a week of solid listening to The Eagles 1970s studio albums. In honor of Glenn Frey, I will also end this...more

Bribery Requires – Money

I have to confess – I love the show Shark Tank. Mr. Wonderful, Kevin O’Leary, is my favorite Shark. Mr. Wonderful often reminds the contestants and other Sharks that the central issue in considering business proposals is –...more

The IAAF – Corruption and Blackmail in Track and Field

I am back from a lovely week in Venice, with my new Matt Kelly imposed nickname of ‘FCPA-nerd’. One thing is certain when you go on vacation, the world of international bribery and corruption will continue unabated. Last week...more

Top Ten International Anti-Corruption Developments for December 2015

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more

The Antitrust Leniency Model and FCPA Enforcement

I am always wary of simplistic policy proposals – often the simple idea to apply one policy to another subject matter, just does not work. Instead, policy debate will turn to the simple idea and how it can easily be applied...more

Trending in 2016: Six Anticorruption Developments to Watch

With huge international scandals, such as those involving FIFA and Petrobras, dominating media coverage, bribery and corruption issues remained at the forefront for many throughout 2015. But what will the next year hold? ...more

FCPA Year for the DOJ in 2015

Foreign Corrupt Practices Act (FCPA) enforcement by the Department of Justice (DOJ) was a bit different in 2015 than the preceding years. Obviously the record fines and penalties of 2014 dropped considerably. Further, there...more

FCPA Enforcement Actions from 2015: SEC – Part II

Yesterday, I began a review of Foreign Corrupt Practices Act (FCPA) enforcement actions by the Securities and Exchange Commission (SEC) where there were no parallel Department of Justice (DOJ) enforcement actions. Today I...more

FCPA Enforcement Actions from 2015: SEC – Part I

2015 continued the trend of Foreign Corrupt Practices Act (FCPA) enforcement actions brought by the Securities and Exchange Commission (SEC) with no parallel Department of Justice (DOJ) enforcement action. As you might...more

Former Executive Sentenced for Conspiracy to Bribe Panamanian Government Officials

On December 16, the U.S. District Court for the Northern District of California sentenced a former regional director of a Pennsylvania-based software and technology company for his involvement in a conspiracy to bribe...more

Former Russian Government Official Sentenced For Nuclear Energy Conspiracy Involving FCPA Violations

On December 15, a former Russian government official, Vadim Mikerin, was sentenced to 48 months in prison for conspiracy to commit money laundering in connection with $2 million in bribe payments he accepted to award...more

Massachusetts-Based Imaging Company Discloses Settlement Offer to End FCPA Investigations

In a quarterly securities filing made on December 9, a Massachusetts-based manufacturer of airport security equipment, disclosed that the SEC and DOJ have made separate proposals to end their FCPA investigations into the...more

Global Anti-Corruption Perspective: Top 4 Potential Changes to Look Out for in Australia's Foreign Bribery Regime

Australia's foreign bribery regime may be set for a significant overhaul in 2016 and 2017. Australia's current foreign bribery legislative framework and approach to enforcement are under review, with the commencement of an...more

International Anti-Corruption Day: everybody has a role to play in tackling corruption

Today’s guest post for International Anti-Corruption Day is by Adrian Phoon, Head of Content for GRC Solutions. GRC Solutions is an online compliance training market in the Asia Pacific region. With their Compliance Learning...more

International Business Attitudes to Corruption: Past & Present

The following interview is with John Bray, Director (Analysis), Control Risks. RB: John, thank you for joining me for this interview. As the main author of the Control Risks “International Business Attitudes to...more

Top Ten International Anti-Corruption Developments for October 2015

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary...more

The Petrobras Scandal Reaches Into Texas

As Houston is still the epicenter of the Foreign Corrupt Practices Act (FCPA) enforcement world, it is probably not too surprising that the Petrobras scandal has reached the Lone Star state. This week there were two reports...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

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