Asian Companies Playing with FCPA Enforcement Fire

You may also like...

4 Responses

  1. Jon May says:


    Not going to happen. Not for at least a generation. Until you have truly democratic governments and full transparency, our laws will just be seen as our foreign policy. So long as there is  no committment to free markets, the Asians (with the exception of Singapore–I know that runs counter to what I have just said) are happy to just let us just enforce our laws against the few we can catch. After all, what's a handful of prosecutions in a trillion dollar industry. Unless we want to keep companies from doing business with the U.S. and end up in international trade disputes, nothing is going to change with these companies. It is what it is. 


  2. RS says:


    Dear Mike:

    This is a confusing post.  You sarcastically as usual refer to FCPA Paparazzi (as you do in every post you write) and say they are engaged in "fear mongering" (presumably meaning spreading false or unnecessary fears about compliance issues).  Fine so far, that's certainly a positon one can take.  But then the rest of the post is dedicated to your amazement that Asian enforcement practices are bad and you cite to the "important" Kroll study.  

    Based on your past psots, I've always assumed Kroll is part of the FCPA Paparazzi, and I suppose what they are doing is "fear mongering" by raising their concerns about enforcement practices which is in their pecuinary interest as a global compliance and investigation firm.  But then you seem to be completely supportive of their conclusions and fear-mongering.  

    At this point, I am pretty sure you don't know what you mean by FCPA Paparazzi, except that it refers to everyone but you and your firm or friends, whom you naturally see as only giving sage FCPA advice out of the goodness of your hearts and not for profit.  Or, perhaps you too are part of the paparazzi?  That's what I have always assumed.  

    • Michael Volkov says:

      Thanks RS for your comment.  The Kroll study is “important” and more reliable because it is based on a survey of Asian company executives.  The FCPA Paparazzi refers to those who write on anti-corruption issues without a careful evaluation of the facts and an assessment of the risks.  There are a number of attorneys, consultants, and others who make valuable contributions to FCPA scholarship, trends and legal/business analysis.  I may not agree with everyone that writes on the subject but I do not respect those who try to exaggerate risks in an attempt to strike fear in the hearts of business executives.  The business community appreciates candid advice.  Those who do not provide such advice in an attempt to increase thier own revenues are the essence of the FCPA Paparazzi. 

  1. December 7, 2012

    […] legislature, posts a China corruption blotter, and picks up the Grifols declination. Mike Volkov thinks Asian companies are playing with FCPA fire. The FCPAProfessor runs his Friday […]