News & Analysis as of September 24, 2024

Securities and Exchange Commission (SEC)

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The UK Bribery Act is an act of the Parliament of the United Kingdom enacted in 2010 to prevent, combat and penalize acts of bribery. The Bribery Act creates four offenses: 1) bribing another person 2) being bribed 3) bribing a foreign official 4) failure of a corporation to prevent bribery on its behalf. The Act provides for very stringent penalties and is considered one of the toughest pieces of anti-bribery legislation in the world. less -

UK Serious Fraud Office's Annual Report 2021-2022: A Call for Investment

Ankura on 8/23/2022

The UK’s Serious Fraud Office (SFO) recently released its 2021-2022 Annual Report. The report highlights major successes for the SFO along with key challenges the prosecutor needs to tackle going forward....more

Corporate Compliance Programs: US and UK Perspectives

Dechert LLP on 3/22/2017

In today’s regulatory environment, companies face mounting pressure from law enforcement agencies to maintain robust compliance programs to deter and detect misconduct by employees, third-party vendors and business partners....more

ISO 37001: Why Your Anti-Corruption Policy Needs to Go Global

The Volkov Law Group on 11/3/2016

Ten years ago the standard anticorruption policy was nearly exclusively FCPA-focused. DOJ and SEC enforcement actions were the primary, if not the only, concern for corporate executives and board members. The UK Bribery Act...more

Good-Bye to Arnold Palmer and Revolutionizing Compliance

Thomas Fox - Compliance Evangelist on 9/29/2016

The golfing world and the world of beverages lost one of their giants earlier this week. I, of course, refer to golfing and beverage legend Arnold Palmer. The legend around the beverage is that at dinner one evening Palmer...more

Hallmark 4- Risk Assessments

Thomas Fox - Compliance Evangelist on 8/24/2016

One cannot really say enough about risk assessments in the context of anti-corruption programs. Since at least 1999 the DOJ has said that risk assessments that measure the likelihood and severity of possible Foreign Corrupt...more

Hallmark 1 – Commitment from Senior Management and a Clearly Articulated Policy Against Corruption

Thomas Fox - Compliance Evangelist on 8/22/2016

Over the next two weeks I will be revisiting the Ten Hallmarks of an Effective Compliance program, as laid out in the 2012 A Resource Guide to the U.S. Foreign Corrupt Practices Act ( FCPA Guidance) authored by the Criminal...more

Top Ten International Anti-Corruption Developments for November 2015

Morrison & Foerster LLP on 12/17/2015

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more

Layla and Other Love Songs and Risk Assessments

Thomas Fox - Compliance Evangelist on 10/29/2015

On this date in October 1971, Duane Allman died. He was the co-founder, along with his brother Greg, of the Allman Brothers Band. For my money he was one of the greatest guitarists of all time. At the time of his death, the...more

Foreign Corrupt Practices Act 2015 Update

BakerHostetler on 10/14/2015

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more

Farewell to Chocolate Thunder, Baylor Football and Due Diligence

Thomas Fox - Compliance Evangelist on 8/28/2015

Daryl Dawkins died yesterday. To anyone who followed the National Basketball League (NBA); Dawkins will always be remembered with the brilliant Stevie Wonder-derived moniker – Chocolate Thunder. I will also remember him for...more

Private Equity’s Corruption Risk Underbelly — Portfolio Companies

The Volkov Law Group on 7/29/2015

FCPA enforcement will likely take a turn into the private equity industry. I know this is a regular claim by FCPA practitioners but we already can see the beginning of the trend. The “princeling” investigations are...more

Great Structures Week III – The Roman Arch and Resourcing Your Compliance Program

Thomas Fox - Compliance Evangelist on 7/15/2015

I continue my Great Structures Week with focus on structural engineering innovations from ancient Rome. I am drawing these posts from The Teaching Company course, entitled “Understanding the World’s Greatest Structures:...more

Great Structures Week I: Vitruvius, the Brooklyn Bridge and Compliance

Thomas Fox - Compliance Evangelist on 7/13/2015

I recently completed a course from The Teaching Company, entitled “Understanding the World’s Greatest Structures: Science and Innovation from Antiquity to Modernity”, taught by Professor Stephen Ressler. It was a wonderful...more

Pink Flamingos and the Compliance Audit

Thomas Fox - Compliance Evangelist on 6/24/2015

The creator of one of the most ubiquitous symbols of mid-century Americana died earlier this week. Don Featherstone, the creator of the pink plastic lawn flamingo, the ultimate symbol of American lawn kitsch, has died. He was...more

The Foreign Corrupt Practices Act: At a Glance

Locke Lord LLP on 6/15/2015

In this issue: - FCPA AT A GLANCE - THE ANTI-BRIBERY PROVISIONS OF THE FCPA - TO WHOM THE ANTI-BRIBERY PROVISIONS APPLY - THE PAYMENT ELEMENT - THE CORRUPT INTENT ELEMENT - WHO IS A...more

Economic Downturn Week, Part I – Mapping of Your Internal Compliance Controls

Thomas Fox - Compliance Evangelist on 5/26/2015

This week I will present a series on steps that you can take in your compliance program if you find yourself, your company or your industry in an economic downturn. All of the recommendations I will make are ideas that have...more

Levi Strauss and Auditing of Third Parties

Thomas Fox - Compliance Evangelist on 5/20/2015

Today we celebrate innovation. On this day in 1873, a patent to create work pants reinforced with metal rivets was granted. This marked the birth of one of the world’s most famous garments: the blue jeans. Jacob Davis, a...more

The Future of U.K. Enforcement of Financial Crimes: Four Clues for 2015

NAVEX on 3/18/2015

The legal and compliance landscape is changing quickly—it’s up to organisations that do business in the U.K. to strengthen their compliance programmes to meet these new challenges. In this whitepaper, Andrew Foose, vice...more

FCPA Predictions for 2015 (Part II of II)

The Volkov Law Group on 1/7/2015

The key to being a successful (FCPA) prognosticator is never to keep score. If you do, you are likely to be disappointed. Instead, I follow the strategy of calculated distraction – for example, I predicted last year...more

How to Avoid a Mousetrap – Resource Reductions in Your Compliance Function

Thomas Fox - Compliance Evangelist on 11/25/2014

On this day, 62 years ago, “The Mousetrap”, a murder-mystery written by Agatha Christie, opened at the Ambassadors Theatre in London. The crowd-pleasing whodunit has become the longest continuously running play in history,...more

For FCPA Compliance, Tone At The Top Key, Lack of Policies A Difficulty

Dorsey & Whitney LLP on 2/11/2014

The number of FCPA enforcement actions brought in recent years has declined. The SEC, for example, reports that in fiscal 2013 it brought 8 cases, compared to 10 in 2012 and 15 in 2011. Nevertheless, those who might be...more

The Sky Is The Limit: Escalating Fines, DPA/NPAs And Deterrence

The Volkov Law Group on 12/12/2013

The controversy around punishment and deterrence of corporate misconduct continues to swirl. As fines increase against companies, it is important to ask the question whether the current enforcement scheme adequately punishes...more

How Straight From The Lion’s Mouth Informs Your Hotline

Thomas Fox - Compliance Evangelist on 11/27/2013

The symbol of Venice is the Lion of St. Mark. The use of this symbol led to the maxim ‘straight from the lion’s mouth’. This adage came about because the Republic of Venice had its own hotline system where citizens could...more

New Risks Associated with Simultaneous U.S. FCPA and U.K. Bribery Act investigations

Akin Gump Strauss Hauer & Feld LLP on 11/26/2013

On November 20, 2013, during a panel presentation at the 30th International Conference on the Foreign Corrupt Practices Act (“FCPA”), current and former prosecutors from the United States and the United Kingdom discussed the...more

Third Party Risk in a Global Environment

NAVEX on 10/1/2013

Most organizations engage with hundreds, if not often thousands, of third party vendors, suppliers, agents and business partners, creating a daunting and ever-expanding scope of risk. This risk arises from: 1....more

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