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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.

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A scary combination of rising bond yields (across the 3% Rubicon!) and a warning from Caterpillar (which called its expectation-beating performance for Q1 the “high watermark for the year”) helped propel stocks significantly...more

SEC – D&B Settle FCPA Charges First Revealed on TV

by Dorsey & Whitney LLP on

Firms can and do discover violations of the Foreign Corrupt Practices Act in a variety of ways. In some instances the internal or external auditors uncover evidence which leads to the discovery....more

FCPA Compliance: Automation and Mitigating Gifts, Meals, Entertainment and Travel Expenditures Risks (Part III of V)

by Michael Volkov on

The laundry list of companies that have been prosecuted for FCPA violations surrounding gifts, meals, entertainment and travel expenditures is lengthy....more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2018

by King & Spalding on

Introduction - Recent actions involving conduct in Asia highlight the increasing complexity and global coordination of anti-corruption efforts. Though large settlements with Odebrecht and Braskem in 2016 have kept the...more

FCPA Compliance and Ethics Report-Episode 380, Laura Perkins on issues around self-disclosure

by Thomas Fox on

In this episode of the FCPA Compliance Report, I visit with Laura Perkins, a partner at Hughes Hubbard & Reed. Perkins formerly worked with the Department of Justice, FCPA Unit, departing in September 2017. We discuss the...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission proposed a package of rules and interpretations focused on retail investors. At the center of the package is proposed Regulation Best Choice focused on the relation between brokers and their clients....more

Farewell to Sammartino: The Continued Unraveling of PDVSA Corruption

by Thomas Fox on

Yesterday Cesar David Rincon Godoy (Rincon) pled guilty to a massive money laundering scheme which took the proceeds of his corruption while he was employed at PDVSA. According to the DOJ Press Release, Rincon, a citizen of...more

Anti-Corruption Enforcement: Analyzing the Enforcement Approaches of the US, the UK and France

by Bryan Cave on

Anti-Corruption enforcement is a top priority in France, the UK, and the US. Each of these countries has armed its enforcers with the enforcement tools necessary to investigate and prosecute corporations and individuals. Join...more

Anti-Corruption Regulation Survey of 41 Countries 2017–2018

by Jones Day on

Welcome to the 2017-2018 edition of the Jones Day Anti-Corruption Regulation Survey. In 2017 and 2018 to date, there has continued to be an increasing awareness among multinational companies of the significance of...more

Southern District Deals Blow to FCPA-Based Securities Class Actions

by Dechert LLP on

When a public company resolves a Foreign Corrupt Practices Act (FCPA) investigation by either the U.S. Department of Justice (DOJ) or Securities and Exchange Commission (SEC), private litigation by investors under the...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS – Canadian Mining Company Settles with SEC over FCPA Charges – On March 26, Kinross Gold Corporation settled with the Securities and Exchange Commission (SEC) over its alleged failure to...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS – Canadian Mining Company Settles with SEC over FCPA Charges – On March 26, Kinross Gold Corporation settled with the Securities and Exchange Commission (SEC) over its alleged failure to...more

Southern District Of New York Dismisses Exchange Act Claims Alleging Failure To Properly Disclose Potential FCPA Violations

by Shearman & Sterling LLP on

On March 30, 2018, the United States District Court for the Southern District of New York dismissed with prejudice a class action complaint against Embraer S.A. (“Embraer” or the “Company”) and several of its officers,...more

Foreign Corrupt Practices Act Requires More Than a Policy

by Dorsey & Whitney LLP on

The recent settlement agreement between Kinross Gold Company and the Securities and Exchange Commission is a reminder to Canadian cross-listed companies that it is not enough to adopt a parent-company level anti-corruption...more

SEC Pays Out More Than $83 Million in Largest Ever Whistleblower Awards

In what should serve as a cautionary tale for public companies, on March 19, the Securities and Exchange Commission (“SEC”) announced its largest ever Dodd-Frank whistleblower awards – totaling more than $83 million in...more

A Rift in the Space Time Continuum in a FCPA-Related Shareholder Lawsuit

by Thomas Fox on

A rift in the space time continuum is similar to a tear in fabric, thereby creating a disconnect in this timeline. This is certainly what we saw in the district court’s opinion in EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF...more

Financial Institutions’ Hiring Practices under the Microscope: The Importance of Anti-Corruption Programs

by Blank Rome LLP on

On February 14, 2018, another major financial institution disclosed that it is under investigation for possible violations of the Foreign Corrupt Practices Act (“FCPA”). This disclosure comes at a time when the Department of...more

Red Notice Newsletter - March 2018

ANTICORRUPTION DEVELOPMENTS – Canadian Mining Company Settles with SEC over FCPA Charges – On March 26, Kinross Gold Corporation settled with the Securities and Exchange Commission (SEC) over its alleged failure to...more

Holland & Knight's Israel Practice Newsletter: Spring 2018

by Holland & Knight LLP on

Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more

Kinross Gold Mining FCPA Settlement: SEC Continues Internal Controls Focus

by Michael Volkov on

The SEC continues to exercise its powerful enforcement tool – internal controls violations – in FCPA enforcement actions against public companies. Kinross Gold Corporation is the latest company to enter into an FCPA...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Cases brought by the Commission this week in include one requiring admissions of fact and that the firm violated the securities laws as a condition of settlement, a case naming as Defendants the Pastor of one of the largest...more

Two Type of Monitorships

by Thomas Fox on

Today, I want to explore the differences in two types of monitorships; a post-resolution monitorship and a pre-settlement monitorship. I am joined in this exploration by Eric R. Feldman, Senior Vice President and Managing...more

This Week in FCPA-Episode 96, 2018 - the Opening Day edition

by Thomas Fox on

With Opening Day and the Astros raising the WS banner only a couple of days away, Jay and Tom take a look at some of the top compliance stories over the past week. 1. Kinross Gold Corporation settles SEC FCPA enforcement...more

Spotlight on Korea

by Ropes & Gray LLP on

Although historically U.S. regulators have not focused FCPA enforcement efforts in Korea to the same extent as other Asian jurisdictions such as China and India, multinational companies doing business in Korea, particularly...more

The Foreign Corrupt Practices Act in cross-border mergers and acquisitions

by Dentons on

The United States (US) enacted the Foreign Corrupt Practices Act of 1977 (FCPA) in response to concerns regarding pervasive bribery by US companies in foreign jurisdictions. In broad terms the FCPA has made it illegal for...more

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