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The Foreign Corrupt Practices Act

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.

Compliance Needs the Human Element

by Thomas Fox on

The key begins with leadership, where top management needs “to define the corporate culture and standards of behaviour, and improve capabilities in technology and processes. They also need to build trust among customers,...more

SEC Enforcement: Another Look At Last Fiscal Year

by Dorsey & Whitney LLP on

The SEC published its statistics for the last fiscal year in a glossy report centered on a discussion of the new retail/cyber focus of the Enforcement Division. Statistics are not the sole measure of success the agency...more

News Flash: Kleptocrats Still Taking Bribe Money With One Hand and Laundering it With the Other

The summer of 2017 saw the U.S. Department of Justice’s docket still teeming with Foreign Corrupt Practices Act (FCPA) cases. In this post, we draw a few lessons from three of them, which bring together three threads that...more

Making the Case for Requiring Beneficial Ownership Information

by Michael Volkov on

In this era of aggressive enforcement, global companies have to integrate beneficial ownership requirements when conducting due diligence of business associates and when engaging customers....more

This Week in FCPA-Episode 77, the Home for the Holidays Edition

by Thomas Fox on

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories of the week, including: 1. The DOJ/SEC FCPA Guidance turned 5 years old this week. For the compliance practitioner,...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission published a report on the new focus of the Enforcement Division, listing key priorities as cases involving retail customers and cyber issues. Groups have been established within the Division to focus on each of...more

FCPA Violators Beware—SEC To Double Down On Enforcement

The SEC has signaled plans to double down on its FCPA enforcement efforts and speed up FCPA investigations. On November 9, 2017, Steven Peikin, Co-Director of the SEC’s Enforcement Division, delivered a speech at New York...more

SEC Expected to Expedite FCPA Investigations in Light of Kokesh

by McGuireWoods LLP on

On November 9, 2017, Steven R. Peikin, Co-Director of the SEC’s Division of Enforcement, delivered a keynote speech at a conference commemorating the 40th anniversary of the enactment of the Foreign Corrupt Practices Act...more

SEC’s Announcement of Chief of FCPA Unit Signals Possible Anti-Bribery Enforcement Focus on Non-U.S.

by Reed Smith on

Non-U.S. companies traded on the United States stock exchanges, take notice: you may be receiving increased attention from the U.S. Securities and Exchange Commission’s (“SEC’s”) anti-bribery arm. This client alert by...more

Everything Compliance Reports from the SCCE 2017 Compliance & Ethics Institute [eBook]

by Thomas Fox on

In October 2017, nearly 2000 compliance professionals gathered in Las Vegas for the annual Society of Corporate Compliance and Ethics (SCCE) Compliance and Ethics Institute. The event was a great success for all involved, it...more

The Future of FCPA Enforcement After Kokesh

Increased international cooperation, more aggressive investigations and greater focus on individual accountability. In light of the U.S. Supreme Court’s decision in Kokesh v. SEC, the SEC is expected to prioritize quicker,...more

Charges Unsealed Against Five Individuals, Including Two Executives, In Foreign Bribery Scheme Involving Rolls-Royce

by Shearman & Sterling LLP on

On November 7, 2017, the Department of Justice (“DOJ”) unsealed charges against five individuals—including two executives—alleging violations of the Foreign Corrupt Practices Act (“FCPA”) in connection with an alleged foreign...more

How to Communicate the ‘Vision Thing’

by Thomas Fox on

Think about the task facing new Uber Chief Executive Officer (CEO), Dara Khosrowshahi. He is working to overhaul a toxic corporate culture, while dealing with regulators literally across the globe. ...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The DOJ unsealed criminal charges against five individuals involved in the Rolls-Royce FCPA action previously brought by the DOJ, SFO and Brazilian authorities. The charges were filed in the Southern District of Ohio. Each...more

Cain Takes the Reins as Chief of SEC’s FCPA Unit

by Moore & Van Allen PLLC on

With the official announcement that Charles Cain will replace Kara Brockmeyer as head of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit, it is more likely that we will see a return to the enforcement trends and outcomes...more

The FCPA Week That Was — Seven Individuals Charged for FCPA Violations

by Michael Volkov on

To all the “nattering nabobs of negativity” concerning FCPA enforcement, the US Justice Department responded with a resounding message – not only is FCPA enforcement here to stay, but individual violators are on DOJ’s radar...more

Sudan Now Open For Business, But Risks Remain

On October 12, 2017, the United States made permanent its lifting of a longtime general embargo on trade and investment with Sudan. As a result, U.S. individuals and companies are now generally free to engage in transactions...more

DOJ – Aggressive International Anti-Corruption Enforcement to Continue

by Thomas Fox on

Acting Assistant Attorney General Ken Blanco spoke yesterday at FCPA/OECD Anniversary Conference at the NYU School of Law. His remarks made clear not only the importance of enforcement of laws against bribery and corruption...more

Frederic Lalance Weighs in on FCPA Investigation Into Mozambique Maritime Security Deals

Frédéric Lalance, a partner in Orrick’s Paris litigation team and a member of the firm’s global Africa practice, recently spoke with Mozambique-based Zitamar News regarding an investigation by the U.S. Department of Justice...more

Rolls Royce in America – Four Guilty Pleas and an Indictment

by Thomas Fox on

For those who might have wondered if the Sessions Justice Department (DOJ) was going to enforce the Foreign Corrupt Practices Act (FCPA), that question seems to have been answered in the affirmative. In September, the DOJ and...more

Amendments to China’s Anti-Unfair Competition Law Broadens the Scope of Commercial Bribery, Imposes Vicarious Liability, and...

by Ropes & Gray LLP on

On November 4, 2017, the Standing Committee of the National People’s Congress (“NPC”) adopted amendments to China’s Anti-Unfair Competition Law (“Amended AUCL”). In 1993, the Chinese government enacted the AUCL to encourage...more

3 Top Takeaways: Anti-Corruption in Mexico

Kilpatrick Townsend partner Adria Perez recently spoke on a panel with other thought leaders at the annual “Doing Business in Mexico” seminar which was offered by the Association of Corporate Counsel and Kilpatrick Townsend....more

Facilitation payments are no longer permissible under Canadian anti-corruption law

by Dentons on

As of October 31, 2017, “Facilitation Payments” are no longer a permissible category of payment under the Corruption of Foreign Public Officials Act, SC 1998, c 34 (the “CFOPA”). The removal of the exemption from the CFOPA...more

A Magical Nine Days: The World Series, Houston Astros, and What It Means for Chief Compliance Officers

by Thomas Fox on

The fall saw their first World Series Championship in the 55-year history of the Houston Astros. What does it mean for the compliance practitioner?...more

Breaking Down Telia: One of the Largest FCPA Settlements and the First of the Trump Administration

The recent settlement by Telia Company AB (“Telia”), the first of the U.S. Department of Justice (“DOJ”) under the Trump administration and one of the largest FCPA enforcement actions to date, has been touted by some as a...more

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