Government Officials

News & Analysis as of

Another SEC FCPA Action Tied to Hospitality

Hospitality and effective compliance procedures are often critical issues when dealing with government officials. Those two issues came into sharp focus in the SEC’s latest FCPA case. In the Matter of BHP Billiton Ltd., Adm....more

SEC Charges Australian Mining Company for FCPA Violations Arising from Its Hospitality Program at the 2008 Beijing Olympics

On May 20, 2015, the U.S. Securities and Exchange Commission (“SEC”) announced a $25 million settlement with Australian mining company BHP Billiton (the "Company") to resolve Foreign Corrupt Practices Act (“FCPA”) charges...more

SEC Announces Key Departures

This week, the SEC announced two key senior management departures. On April 7, the securities regulator announced that Andrew Bowden, its current director of the Office of Compliance Inspections and Examinations (OCIE), will...more

FLIR FCPA Action Highlights: Continued Focus on Penalizing Improper Expenditures for Government Officials

FLIR Systems, Inc. (“FLIR”), a publicly traded company based in Oregon, agreed to pay approximately $9.5 million to settle allegations of violations of the Foreign Corrupt Practices Act (“FCPA”) on April 8, 2015. The U.S....more

Sunlight on Corruption: An Important Strategy in the Global Anti-Corruption Movement

Everyone is against corruption. Everyone knows that corruption can stifle economic development and increase economic disparity and poverty. When government officials take money for their own benefit, they are robbing the...more

What If You Threw A Party and Nobody Came? - Planning Ethically Compliant Events to Maximize Government Official Attendance

At this time of the year many companies and trade associations host holiday parties and invite government officials and staff. Strict rules regulate whether attendance is ethically permissible. More than ever, government...more

It Is Now a Crime to Help a Public Official Make a Contract that Holds Personal Financial Interest

California Legislature Expands Government Code Section 1090 Liability to Those Who Aid and Abet - An amendment to Government Code section 1090 now makes it a felony for any person to aid and abet a government official...more

FCPA Compliance and Ethics Report-Episode 109-interview with Bill Michael on the SEC FCPA enforcement action against FLIR... [Video]

In this episode I visit with Bill Michael, a partner at MayerBrown on the recent FCPA enforcement action against two FLIR System employees for their excessive payments through gifts, travel and entertainment of certain...more

California Attorney General Offers Guidance on Scope of Government Code Section 1090

Pair of Recent Opinions Clarifies Conflict-of-Interest Statute - California Attorney General Kamala Harris recently issued two opinions illuminating the scope of Government Code section 1090, the powerful and...more

FPPC Goes on Offense to Identify and Fine Gift Reporting Failures

"Pro-Active" Approach Already Resulted in Fines for Public Officials - The Fair Political Practices Commission has initiated a proactive approach to auditing and investigating gift reporting failures by government...more

Post-Employment Rules and Restrictions for Former Federal Government Officials

Thinking of hiring a former federal government official? Better know the post-employment rules and restrictions: Lifetime Ban - Former Executive Branch Employees and Officials may not "switch sides" in relation to a...more

Myth No. 8: We can treat government customers the same as commercial ones

Over the last 20 years or so, the Government contracts sector has seen countless new entrants. Many of these newcomers are experienced commercial-sector concerns that have decided to give the Government a try. Others are just...more

So You Want to See Messi, Neymar, Ronaldo, and Xavi: Brazil Issues Directive Barring Government Officials From Receiving World Cup...

Earlier today, the Office of the Comptroller General in Brazil, Controladoria-Geral da União (“CGU”), issued a sweeping directive barring government officials from accepting offers to attend or participate in the upcoming...more

Ten myths of government contracting: Myth No. 3: The contracting officer isn’t really our customer

One of the most significant differences between commercial contracting and Government contracting is the presence and importance of a person called the “Contracting Officer.” There is really no commercial equivalent of the...more

Miners Triumph And Opinion Release 14-01

On this date in 1966, the Texas Western University (now UTEP) Miners won the NCAA Basketball Championship, beating the University of Kentucky Wildcats. Now the first round has not even started by March 19, but it is not the...more

How to Identify “Government Officials” Under the FCPA Utilizing Compliance Training Online

How to Identify “Government Officials” Under the FCPA Utilizing Compliance Training Online is Part 3 in a 3-Part FCPA Training blog series. - Who counts as a “Government Official” under the FCPA? In a law with such...more

Joan Fontaine And The Evolution Of Compensation Issues In A Compliance Program

Compliance programs evolve just as the thinking on best practices has changed over the past few years. One of the areas that has not received as much attention in compliance programs is the amount of compensation paid to...more

Risk-based due diligence of third-party intermediaries: a scorecard approach

Companies operating internationally often engage numerous – sometimes even thousands – of third parties around the world to help facilitate their business. Alongside the growth of such relationships, the risks posed by them...more

Canada's First Foreign Bribery Conviction Shows Trend in Increased Enforcement

On August 15, 2013, the Ontario Superior Court found Canadian national Nazir Karigar guilty of conspiring to offer a bribe to Indian government officials under the Corruption of Foreign Public Officials Act (“CFPOA”). The...more

Early Lessons from GSK’s China Bribery Investigation

Earlier this week, GlaxoSmithKline PLC (GSK) said that some executives may have breached Chinese law. Chinese officials had previously released details of their bribery allegations against GSK and detained four of the...more

In the Crossfire Why Private Equity Firms, Investment Funds & Their Managers Should Beware of the Foreign Corrupt Practices Act

Lance Armstrong and the world of competitive cycling has come under great scrutiny in recent days with the domination of the U.S. Postal team now undermined by the systematic doping that appears to have helped spur the team...more

CalPERS Officials Travel The World Despite Executive Order

Two years ago and in light of a daunting structural budget deficit, Governor Jerry Brown issued Executive Order B-06-011. His order banned both in-state and out-of-state travel by government agencies unless it was “mission...more

New Article Pushes the Revolving Door

I’ve always been a little skeptical of general complaints about the “revolving door” between government service and employment in the private sector. As applied to the SEC, the complaint goes that low-paid government workers...more

Travel And Corruption Issues In China

Ed. Note-last month Eric Carlson had a three blog post in the FCPA Blog where he discussed travel risks and corruption in China. In any country, paying for travel for government officials, customers at state-owned...more

Don’t Claim It Is Legal To Bribe Another Government’s Representatives – Especially In China

Last week a guest blog post in the FCPA Blog by Ernesto Sanchez, entitled “What’s good for reciprocity may be bad for FCPA prosecutions”, implied that the US District Court’s ruling when it “vacated an SEC Dodd-Frank rule...more

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