Aunque la cantidad de casos relacionados con la Ley de Prácticas Corruptas en el Extranjero (Foreign Corrupt Practices Act, FCPA) resueltos públicamente en el año 2021 fue relativamente baja en comparación con los años...more
Although the number of publicly resolved Foreign Corrupt Practices Act (FCPA) cases in 2021 was relatively low compared to prior years, enforcement actions related to Latin America played a particularly prominent role. Many...more
In 2021, the number of publicly resolved Foreign Corrupt Practices Act (FCPA) cases was relatively low compared with previous years, but there were numerous interesting developments, and enforcement activity going forward...more
1/28/2022
/ Anti-Corruption ,
Biden Administration ,
Bribery ,
Compliance ,
Cooperation ,
Corruption ,
Cross-Border ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Enforcement Statistics ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
Foreign Corrupt Practices Act (FCPA) enforcement activity reached new heights in 2019. Corporate penalties paid to US enforcement agencies topped last year’s record levels, and individuals were charged at a pace matching last...more
3/2/2020
/ Anti-Bribery ,
Anti-Corruption ,
Argentina ,
Brazil ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Criminal Prosecution ,
Enforcement ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Latin America ,
Mexico ,
Self-Disclosure Requirements
Enforcement activity reached new heights in 2019. The year saw the two largest corporate resolutions in the history of the FCPA, corporate penalties paid to US enforcement agencies topped last year’s record levels, and...more
1/30/2020
/ Adoption ,
Anti-Bribery ,
Anti-Corruption ,
Arbitration ,
CFTC ,
Chief Compliance Officers ,
Civil Forfeiture ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Corporate Governance ,
Criminal Conspiracy ,
Declination ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
Ericsson ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Legislative Agendas ,
New Legislation ,
Pending Litigation ,
Personal Liability ,
Popular ,
Resource Extraction ,
Restitution ,
Whistleblower Awards ,
Whistleblowers
Despite predictions of a slow-down in enforcement under the Trump administration—and indications that enforcement in some areas has decreased in the past year1—2018 was yet again an active year for FCPA enforcement. The year...more
1/18/2019
/ Anti-Bribery ,
Anti-Corruption ,
Brazil ,
Bribery ,
Chief Compliance Officers ,
China ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Corporate Investigations ,
Corruption ,
Credit Suisse ,
Criminal Investigations ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
Enforcement Statistics ,
Foreign Corrupt Practices Act (FCPA) ,
Panasonic ,
Petrobras ,
Securities and Exchange Commission (SEC) ,
Strategic Enforcement Plan ,
Voluntary Disclosure ,
Whistleblowers ,
Yates Memorandum
On November 29, 2017, “[d]ue to the unique issues presented in FCPA matters,” Deputy Attorney General Rod Rosenstein announced a new FCPA corporate enforcement policy published in a revision to the United States Attorneys'...more
The past year was consequential for FCPA enforcement in numerous respects, including blockbuster penalties, new policy initiatives, and the SEC’s first DPA with an individual for FCPA violations. In April 2016, the DOJ’s...more
2/8/2017
/ Chief Compliance Officers ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Statistics ,
Federal Pilot Programs ,
Federal Sentencing Guidelines ,
Foreign Corrupt Practices Act (FCPA) ,
Non-Prosecution Agreements ,
Popular ,
Securities and Exchange Commission (SEC) ,
Voluntary Disclosure
On April 5, 2016, the Fraud Section of the Department of Justice's (DOJ) Criminal Division issued an enforcement plan and guidance (the Guidance) laying out three steps it is taking to intensify Foreign Corrupt Practices Act...more
4/11/2016
/ Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Disgorgement ,
Federal Pilot Programs ,
Federal Sentencing Guidelines ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Busy Q1 Yields Several Significant FCPA Resolutions -
Overview -
On February 19, during the US Securities and Exchange Commission’s (SEC) annual “SEC Speaks” conference, Kara Brockmeyer, Chief of the SEC’s FCPA...more
3/25/2016
/ Anti-Bribery ,
Anti-Kickback Statute ,
Books & Records ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Internal Controls ,
Misrepresentation ,
Qualcomm ,
Securities and Exchange Commission (SEC) ,
Transparency
I. Introduction: Enforcement Trends and Priorities -
Among other significant developments, 2015 saw the U.S. Department of Justice (the “DOJ” or the “Department”) document a policy priority of holding individuals...more
2/3/2016
/ Bank of New York (BNY) Mellon ,
BHP Billiton ,
Blocking Statutes ,
Bristol-Myers Squibb ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Statistics ,
FLIR System ,
Foreign Corrupt Practices Act (FCPA) ,
Hitachi ,
Olympics ,
Strict Liability ,
Yates Memorandum