News & Analysis as of September 22, 2024

White Collar Crimes

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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 -

Bribes and Kickbacks Don’t Happen in My Organization – I think?

Polsinelli on 10/3/2022

The U.S. Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act 2010, along with dozens of trade treaties and conventions, forbid consummated (and attempted) improper or unethical payments to government officials or...more

Fallout from the Glencore resolutions & lessons learned

BCLP on 6/13/2022

On 24 May 2022, Glencore International AG announced a series of coordinated resolutions with various international enforcements agencies including the Department of Justice (”DOJ”), the Commodity Futures Trading Commission...more

Anti-Corruption Enforcement - 2021 Year in Review

Jenner & Block on 1/19/2022

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we...more

UK Business Crime Review 2020

A&O Shearman on 2/25/2020

This is the first edition of U.K. Business Crime Review— an annual publication focused on the outcomes, trends and developments over the past 12 months that are likely to be of interest to businesses operating in the United...more

Farewell to Rip Torn and Hello to Compliance Incentives

Thomas Fox - Compliance Evangelist on 7/11/2019

In the recently released Evaluation of Corporate Compliance Programs, 2019 Guidance by the Department of Justice, incentives are specifically identified in the section under “is your program effectively implemented?” The 2019...more

Global Voices: Beating Bribery – Best Practice in Ethics and Conduct on the Global Stage

Mitratech Holdings, Inc on 7/11/2019

One of the biggest headaches for companies conducting business overseas still remains bribery and corruption. The grey area of what is deemed a fair gift, meal or payment against what might be constituted a bribe is a...more

The Design of Business Ethics

Thomas Fox - Compliance Evangelist on 6/14/2019

How can you design an ethical organization? Is it different from one which does business in compliance with anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA) or UK Bribery Act (UKBA)? ...more

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

BCLP on 4/19/2018

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

Digging Into the Details of New FCPA Guidance From the U.S. Justice Department

Parker Poe Adams & Bernstein LLP on 1/23/2018

Over the last 10 years, 143 companies have paid a combined $10.9 billion to resolve Foreign Corrupt Practices Act cases. That staggering price tag shows the U.S. Department of Justice’s willingness to go after alleged...more

Compliance Needs the Human Element

Thomas Fox - Compliance Evangelist on 11/21/2017

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

Thaler Wins the Nobel Prize and Informs Compliance Programs

Thomas Fox - Compliance Evangelist on 10/10/2017

Richard H. Thaler won the Nobel Prize in Economics yesterday. Binyamin Appelbaum, reporting in a New York Times (NYT) a piece entitled, “Nobel in Economics Is Awarded to Richard Thaler”, wrote that “Thaler, whose work has...more

Termination of a Third-Party – Planning Can Reduce the Pain

Thomas Fox - Compliance Evangelist on 4/18/2017

The European concern Airbus has been in the news recently for corruption issues. According to an article in the Financial Times (FT), entitled “Airbus sued by middlemen fired following fraud inquiry”, its annual report lists...more

Serious Fraud Office Makes Big Splash with UK Bribery Act Resolution with Rolls Royce

The Volkov Law Group on 2/1/2017

After years of fits and starts, and promises and disappointments, the Serious Fraud Office and the UK Bribery Act made its initial splash on the anti-corruption enforcement landscape. Since 2011, companies have been...more

Rolls-Royce Global Enforcement Action: Part IV – What Does it all Mean?

Thomas Fox - Compliance Evangelist on 1/23/2017

Today I conclude my series on the Rolls-Royce global anti-corruption enforcement action by taking a look what it all means going forward. The resolution is more than simply the stunning fines and penalties of £671 million...more

New Sheriff In Town As Rolls-Royce Pays Record Penalty For Foreign Bribery And Corruption

Cadwalader, Wickersham & Taft LLP on 1/23/2017

On 17 January 2017, the UK Serious Fraud Office (“SFO”),[1] the US Department of Justice (“DOJ”),[2] and the Brazilian Ministério Público Federal (“MPF”) announced an $800 million global settlement with Rolls-Royce plc and...more

Rolls Royce Global Enforcement Action-Part III, the US DPA

Thomas Fox - Compliance Evangelist on 1/20/2017

Today I continue my exploration of the Rolls-Royce global corruption enforcement action by considering the company’s resolution in the US under the Foreign Corrupt Practices Act (FCPA). Before we dive into that, I first...more

Rolls-Royce Global Enforcement Action, Part II

Thomas Fox - Compliance Evangelist on 1/19/2017

Today I continue my exploration of the Rolls-Royce global corruption enforcement action which included the largest fine to-date under the UK Bribery Act, with its total fines and penalties under three agreements being around...more

Compliance Isn’t Going Away (and neither should you) – Part I

Thomas Fox - Compliance Evangelist on 11/15/2016

Yesterday I presented my views on why I believe that Foreign Corrupt Practices Act (FCPA) enforcement will continue under the new administration. Today, I want to begin a multi-part series (sorry I don’t know how long it will...more

For An Effective Ethics and Compliance Program — First, Train Your Board and Senior Executives

The Volkov Law Group on 9/12/2016

Compliance professionals are familiar with the phrase “tone at the top,” but what exactly does it mean? Unlike other compliance program components, it cannot be easily formalized and implemented in a policy or procedure....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

DOJ Criminal Division Announces FCPA Pilot Program

Troutman Pepper on 4/7/2016

The pilot program appears to put a tangible number on the potential amount of reduction in sanctions for cooperation, but in reality is not all that “new.” On April 5, the U.S. Department of Justice (DOJ) announced a...more

Homeland, Brazilian Clean Companies Act Guidance and the Need for Accurate Translations in FCPA Compliance

Thomas Fox - Compliance Evangelist on 11/2/2015

He used to work in the movie business so you might think the production crew of the Showtime series Homeland would just give him a call. After all he is fast becoming known as ‘the translations guy’ in the Foreign Corrupt...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

The Psychology of Cheating and FCPA Compliance

Thomas Fox - Compliance Evangelist on 10/7/2015

In the movie Margin Call, Jeremy Irons intones that there are three ways to win in business: (1) be the smartest; (2) be the fastest; and (3) cheat. I am currently out at the SCCE 2015 Compliance and Ethics Institute and as...more

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