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Anticorruption Compliance: From Our Founding Fathers to the Present

The Foreign Corrupt Practices Act of 1977 (FCPA) prohibits making—or even offering to make—any corrupt payment to foreign officials to further business interests. However, concerns about corruption stem back to the times of...more

FCPA Compliance and Ethics Report-Episode 130, The Oscars and Compliance, Part IV with Jay Rosen [Video]

In this Part IV of my continued exploration of the Oscars and compliance with Jay Rosen, we look at the touchpoint which Hollywood and the movie industry has which might subject it to FCPA liability. ...more

2015: The Year of FCPA Liability for Financial Institutions?

For years, we have all heard about the coming wave of FCPA enforcement against financial institutions, investment banks, private equity firms and others who interact with sovereign wealth funds overseas....more

Corruption, Compliance & Criminal Regimes: An Interview with Sarah Chayes

Sarah, thank you kindly for participating in this Q and A. I call readers’ attention to your new book Thieves of State, Why Corruption: Threatens Global Security. Today will be part I of our II part interview....more

FCPA Compliance and Ethics Report-Episode 122-with Matt Kelly on Alstom, Avon and Petrobras [Video]

In this episode, Compliance Week Editor-in-Chief Matt Kelly and I discuss the Avon and Alstom FCPA enforcement actions and then take a look at the ongoing Petrobras corruption scandal and what it means for Brazil. ...more

FCPA Compliance and Ethics Report-Episode 121-FCPA Year in Review, Part II [Video]

In this episode I review the two Opinion Releases, Esquenazi court decision, DOJ communications via speeches on FCPA enforcement. I end with a look at 2015. ...more

Knowing When to Fold — Arguing the FCPA’s Definition of “Foreign Official”

With lots of fanfare, Esquenazi and Rodriguez, and the usual suspects filed a cert petition and briefs in support of the appeal from the 11th Circuit Court of Appeals’ decision affirming the lower court’s interpretation of...more

For Now, The Broad Interpretation of “Foreign Officials” Under the FCPA Is Here to Stay

In recent years, the DOJ and SEC have significantly increased their Foreign Corrupt Practices Act (FCPA) enforcement efforts, and in the process, have successfully advocated the theory that state-owned or state-controlled...more

Supreme Court Declines to Review Definition of a “Foreign Official” Under the Foreign Corrupt Practices Act: 11th Circuit’s...

On October 6, 2014, the Supreme Court declined to review the 11th Circuit’s decision in U.S. v. Esquenazi, et. al., leaving standing the appellate court’s expansive definition of “foreign official” under the Foreign Corrupt...more

Thinking Compliance When Protecting Your Ideas Internationally [Video]

Companies are increasingly seeking international protection for their intellectual property, but in doing so their interaction with foreign government agencies increases. Because of increased scrutiny on corporate compliance...more

GSK China: Did Case Finish with a Bang or a Whimper?

In typical Chinese fashion, the prosecution of GSK and several GSK executives ended after a one-day “trial.” GSK paid a $489 million fine; and four criminal sentences were handed out with suspension of jail time and orders of...more

China Amps Up Anti-Corruption Effort – What This Means for Your Company

Last Friday, China’s 15-month-long bribery investigation into British multinational pharmaceutical GlaksoSmithKline (GSK) ended after a one-day trial in which the court found GSK’s local subsidiary guilty of bribing doctors...more

Your FCPA good housekeeping: safeguards, procedures and the spouse eye-roll test

FCPA awareness and enforcement has exploded since 2002, but one thing remains the same: the most vexing part of the statute for companies, in terms of day-to-day compliance, is the part covering gifts, meals, entertainment...more

GSK Convicted – We are really, really sorry we paid bribes (and got caught)

“GSK plc sincerely apologies to the Chinese patients, doctors and hospitals, and the Chinese Government and the Chinese people.” With those words, the British pharmaceutical giant GlaxoSmithKline (GSK) PLC was...more

How Can Global Corporations Afford (or Afford Not) To Employ Professional Language Solution Providers

It seems like a daily occurrence that news organizations and blogs (this one included) report that global corporation XYZ, Inc. has run afoul of FCPA statutes somewhere in the world. The next few paragraphs will recount the...more

Company Agrees to $6.8 Million Fine For Selling Tainted Eggs and Bribing Official

While foreign bribery makes for sensational headlines, a Midwest egg company recently discovered why U.S. enforcement actions for domestic bribery have resulted in a sharp increase in corporate fines. The egg company agreed...more

Where to Now St. Peter? – Due Diligence Going Forward in China

Whatever you might think of where his career went, Elton John had some great early stuff. I still rank Tumbleweed Connection right up there as one of my favorite albums of all-time. And while it was packed with some great...more

Looking Back on Johnny Winter and GSK’s 2001 China Bribery Scandal

Interestingly, there was an article in the Financial Times (FT) by Demetri Sevastopulo and Andrew Ward, entitled “GSK admits to 2001 Chinese bribery scandal”, which reported that the UK pharmaceutical company GlaxoSmithKline...more

UK Wins First International Corruption Trial

The UK Serious Frauds Office (SFO) recently won its first overseas corruption victory convicting two individuals of a conspiracy to commit corruption. The case originally began six years ago with a referral by the U.S....more

Japan Discloses New Efforts to Combat Foreign Bribery, as OECD Steps Up Pressure on Japan to Increase Enforcement

While many people don’t know it, a bribery scandal in Japan in 1976 was part of the motivation for the Foreign Corrupt Practices Act (FCPA), which was signed into law on December 19, 1977. Almost exactly two decades later,...more

The Network News

Fraud Index Released-Startling Findings - A survey of more than 1,400 organizations worldwide revealed startling 4th quarter results on fraud trends for 2013. The Fraud Reporting Percentage (FRP), which measures fraud...more

SFO Prevails In First Contested Overseas Corruption Trial

The U.K.’s Serious Frauds Office prevailed in its first overseas corruption trial, securing a jury verdict in its favor and against two former Innospec executives. The case stems from a referral by the DOJ following FCPA...more

FCPA Compliance and Ethics Report-Episode 66-Visit with the FCPA Professor [Video]

In this episode I welcome back the FCPA Professor who gives his views on the Esquenazi decision, his recent book and his upcoming FCPA Institute....more

Anti-Corruption Digest

Anti-Corruption Digest is an update distributed on a monthly basis by Dorsey & Whitney providing a summary of the latest developments in anti-corruption enforcement activity around the world. In This Issue: -...more

May Flowers for GSK? The Corruption Investigation Deepens

April showers bring May flowers, at least that is the old truism. One place it is decidedly correct is at the RHS Chelsea Flower Show, which began its run as one of the, if not the greatest, annual flower shows in the world...more

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