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What’s the Message from BizJet? Self-Disclose and Cooperate
Over the past week there has been a plethora of Foreign Corrupt Practices Act (FCPA) enforcement actions released. One group was the four enforcement actions involving individuals concerning BizJet....
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Using Bribery and Corruption to Steal Business – A Thyestean Feast?
Not much beats the ancient Greek House of Atreus for dramatic gore: infanticide, patricide, fratricide, filicide, matricide, cannibalism, incest and about every other horror which can befall one family...
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Actions Taken During a FCPA Enforcement Action-Lessons from Parker Drilling...
In the two most recent corporate Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to communicate not only what they...
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FCPA Prosecutions Against Individuals? Check Out April
One of the oft-heard criticisms of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) is the lack of individual prosecutions under the Foreign Corrupt Practices Act (FCPA)....
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And Then There Was One – Willbros Related FCPA Enforcement Continues
Last week, the US Department of Justice (DOJ) announced the sentencing of Paul G. Novak, a former consultant of Willbros International, Inc., a subsidiary of the Houston based Willbros Group, for his...
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In FCPA Enforcement Sometimes Truth is Stranger than Fiction – The Cilnis...
I often marvel at some of the stories which come up in the context of Foreign Corrupt Practices Act (FCPA) investigations and enforcement. If you made up some of the things which are reported, I fear...
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Total Switches to Settle Rather Than Fight
For anyone who grew up in the 1960s, I am sure that you remember the touchstone slogan for Tareyton cigarettes, “I’d rather fight than switch”. The television ad always showed someone with a black eye...
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Return to the Baker’s Dozen in a Best Practices Compliance Program – Total...
Yesterday I reviewed the facts surround Total SA’s (Total) lengthy bribery scheme to win contracts in Iran. At this point, the settlement documents consist of the Deferred Prosecution Agreement (DPA),...
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FCPA Enforcement as a Security Issue and Implications for the Compliance...
One of the things that has long puzzled me is what led to the significant rise in the enforcement of the Foreign Corrupt Practices Act (FCPA) beginning in the 2003-2004 time frame? One of the more...
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‘You Scratch My Back’ Leads to a Fine and Penalty
As the riders loped on by him he heard one call his name If you want to save your soul from Hell a-riding on our range Then cowboy change your ways today or with us you will ride Trying to catch the...
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Significant FCPA Enforcement Actions in 2013 – Corporate
Last week I used the 150th anniversary of the Battle of Gettysburg as a prism to look at present day compliance issues. Today I want to go in a different direction to introduce today’s topic. Jim...
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Significant FCPA Enforcement Actions in 2013 – Individuals
77 years – that is how long Great Britain went without a native son winning the Men’s Singles title at Wimbledon. This past Sunday that drought ended when Andy Murray won the coveted trophy in a...
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Dog Bite Defense No. 4 and the Defense of an FCPA Claim
As most readers of this blog know, I am a recovering trial lawyer. I almost always acted as defense counsel for corporations in my trial lawyer career. In the trial lawyer world, there are four...
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Why a Compliance Defense Will Not Make a Compliance Program Effective
Ed. Note – this week, I am pleased to join my colleagues David Simon, partner at Foley & Lardner LLP, and William ‘Bill’ C. Athanas, partner at Waller Lansden Dortch & Davis, LLP, in a...
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What is the Fabric of Compliance?
The goal of any company regarding its compliance regime should be to make compliance a part of the fabric of your company and the face that you present to the world. That was the message from the...
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The Maxwell Technologies Fallout: the Alain Riedo Indictment for FCPA Violations
Today is the 82nd anniversary of the reporting to Alcatraz Prison of one of its most memorable residents; Al Capone. Capone was sent to prison for income tax evasion; in other words, it was a books and...
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FCPA Charges Relating to Gift-Giving in China
Ed. Note-today’s post is a chart prepared by Amy Sommers and Matt Morley, partners at K&L Gates. I found it to be a great resource to show FCPA enforcement actions involving gift-giving in China....
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Does Motive Matter in Anti-Bribery and Anti-Corruption Enforcement?
Do the intentions behind enforcement of domestic or international anti-corruption laws matter? Or is ‘the law the law’ and it really does not matter what a government’s motives are in enforcing laws...
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Travel Act Prosecutions under the FCPA
Last week I was in Miami and part of the discussion was over the Esquenazi appeal and Direct Access Partners (DAP) enforcement actions; both based upon violations of the Foreign Corrupt Practices Act...
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Are DPAs Morally Suspect?
You know it is going to be a bad day when you are excoriated in public by a sitting federal district judge. It is even worse when the comments of that federal judge make it into one of the most...
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