The details of bribery schemes are invaluable for learning how criminals think – bribery always requires some scheme to transfer money from the organization to fund bribery payments to a government official(s). Compliance...more
The Justice Department’s new Corporate Enforcement Policy and the heightened enforcement and compliance expectations were put to the test in its announcement of a $315 million settlement of bribery charges with ABB, a...more
Some were surprised by the recent move by the Department of Justice in focusing on the importance of incentives and disincentives as an important factor in an effective ethics and compliance program. Others, however, had been...more
Each FCPA case provides valuable lessons in the mechanics of bribery schemes and the common techniques used by violators to secure funds and make illegal payments to foreign government officials. Criminal violators often act...more
11/22/2022
/ Bribery ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Energy Sector ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Ghana ,
Goldman Sachs ,
Indictments ,
White Collar Crimes
Talk about a reminder of the past, Asante Berko, a former Executive Director in Goldman Sachs, recently was arrested in London on criminal FCPA charges arising from his involvement in a bribery scheme in Ghana....more
11/21/2022
/ Bribery ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Ghana ,
Goldman Sachs ,
Indictments ,
Popular ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
The Justice Department continues to pile up healthcare enforcement actions — false claims, anti-kickback, and fraud. DOJ is on its way to a record year....more
11/16/2022
/ Anti-Kickback Statute ,
Bribery ,
Department of Justice (DOJ) ,
Electronic Health Record Incentives ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Insurance ,
Healthcare ,
Healthcare Fraud ,
Kickbacks ,
Medicaid ,
Medicare ,
Physicians ,
Stark Law
We always focus on foreign bribery — the FCPA and corporate bribery of foreign officials. It is certainly a problem that undermines economic development and human rights. ...more
11/10/2022
/ Bribery ,
Corruption ,
Criminal Investigations ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Guilty Pleas ,
Healthcare ,
Incentives ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Regulatory Violations ,
White Collar Crimes
The Justice Department continues to push an aggressive agenda against businesses. It is committed to demonstrating its resolve to prosecute companies and individuals from the business community. Whether it is antitrust,...more
10/27/2022
/ Bribery ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fines ,
Forfeiture ,
ISIS ,
Penalties ,
Popular ,
Regulatory Violations ,
Terrorist Financing Regulations ,
Terrorist Organizations
In the legal and compliance space, it is easy to ignore significant incidents involving domestic bribery and fraud. We are fixated on FCPA foreign bribery cases, as well as domestic healthcare fraud, anti-kickback violations...more
Oracle’s SEC settlement for $23 million underscores the power of the FCPA provisions mandating effective internal controls and accurate books and records. As everyone knows, these provisions can be applied to a wide-range of...more
10/4/2022
/ Books & Records ,
Bribery ,
Compliance ,
Corporate Counsel ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Oracle ,
Regulatory Violations ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Third-Party Risk
Oracle Corporation settled its second FCPA case in ten years. Oracle agreed to pay $23 million to resolve allegations that its subsidiaries in Turkey, India and the United Arab Emirates maintained slush funds to bribe...more
GOL’s bribery schemes present some interesting lessons. Interestingly, at the center of the bribery scheme was a member of GOL’s board of directors.
The bribery scheme was motivated by potential legislation that would...more
The Justice Department announced the indictment in New York of Cary Yan, a Chinese entrepreneur, and Gina Zhou, his assistant, on FCPA and money laundering charges relating to a scheme to secure control of an atoll owned by...more
9/6/2022
/ Bribery ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Marshall Islands ,
Money Laundering ,
White Collar Crimes
The Second Circuit Court of Appeals affirmed the district judge’s post-conviction dismissal of FCPA counts against Lawrence Hoskins, a former Alston executive, for his involvement in bribery scheme to secure a $118 million...more
Ericsson is having a tough time. First, in 2019, Ericsson settled FCPA charges with the Justice Department and the SEC for a total of $1 billion (with a B). Second, Ericsson had an independent compliance monitor appointed...more
6/15/2022
/ Bribery ,
Corruption ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Employee Misconduct ,
Enforcement Actions ,
Ericsson ,
Failure To Disclose ,
Internal Controls ,
Iraq ,
ISIS ,
Securities and Exchange Commission (SEC) ,
Terrorist Financing Regulations ,
Terrorist Organizations
The SEC announced another FCPA settlement in 2022. FCPA enforcement, in general, is picking up.
Tenaris, a global supplier of steel pipes and related services for the energy industry, agreed to pay the SEC $78 million to...more
6/7/2022
/ Bribery ,
Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Corruption ,
Disgorgement ,
Energy Sector ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Petrobras ,
Prejudgment Interest ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
White Collar Crimes
The broad and pervasive scope of Glencore’s bribery conduct is obvious. The scope of its misconduct reflects Glencore’s fatal culture and commitment to profits at any and all cost. Glencore’s board and senior executive team...more
In a long-anticipated and major enforcement action, the Justice Department and the Commodities and Futures Exchange Commission resolved a sprawling investigation with Glencore International A.G. and Glencore Ltd, a...more
5/27/2022
/ Bribery ,
CFTC ,
Commodities ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guilty Pleas ,
Market Manipulation ,
Mining ,
White Collar Crimes
The evolution in the global economy is raising challenges for anti-corruption compliance. In response to economic dislocations and disruptions stemming from the COVID-19 pandemic and Russian invasion of Ukraine, businesses...more
5/26/2022
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corruption ,
Ethics ,
Exports ,
Global Market ,
Imports ,
Military Conflict ,
Russia ,
Supply Chain ,
Ukraine ,
White Collar Crimes
In the FCPA and white collar defense community, we have seen buckets and buckets of ink spilled on the coming wave of aggressive enforcement. Justice Department officials have made so many statements about the “new” approach...more
5/9/2022
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
White Collar Crimes
On the top of its record of success, DOJ won two big and highly-contested cases. The first against Elizabeth Holmes and the second against Roger Ng. In perhaps one of its most significant failures, DOJ was handed a quick...more
4/20/2022
/ 1MDB ,
Airplane Accidents ,
Boeing ,
Bribery ,
Criminal Conspiracy ,
Criminal Prosecution ,
Goldman Sachs ,
Investment Fraud ,
Theranos ,
White Collar Crimes ,
Wire Fraud
The Justice Department announced the arrest and indictment of Charles Hunter Hobson for violating the FCPA, money laundering and receiving kickbacks arising from a bribery scheme to pay government officials in Egypt in...more
4/5/2022
/ Bribery ,
Coal Industry ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Guilty Pleas ,
Indictments ,
Kickbacks ,
Money Laundering ,
Wire Fraud
The Justice Department continues its enforcement “silence” with no major corporate prosecutions announced this year. It is an interesting question but it appears that the wheels have ground to a halt, with one major...more
4/4/2022
/ Bribery ,
Compliance ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Serious Fraud Office (SFO) ,
White Collar Crimes
False Claims Act prosecutions continue against healthcare executives, physicians and professionals. Last year, DOJ recovered over $5.6 billion in FCA enforcement. DOJ expects total recoveries to increase in 2022. Over 95...more
3/10/2022
/ Anti-Kickback Statute ,
Bribery ,
Corruption ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Indictments ,
Stark Law
Even though the size of the KT Corp. SEC enforcement action is relatively small, the underlying misconduct provides a number of important lessons learned. ...more
2/24/2022
/ Bribery ,
C-Suite Executives ,
Corporate Misconduct ,
Corruption ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Political Contributions ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Third-Party Risk ,
White Collar Crimes