The Department of Justice is proud of its record on FCPA enforcement. They take credit whenever and wherever they can. They trumpet every settlement. They proudly proclaim that over half of last year’s criminal fines were collected for FCPA violations. They are entitled to claim success. It is hard to argue against prosecutions of private companies and individuals who engage in foreign bribery. Such conduct...
As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture. Simply put, you don’t want to acquire an FCPA violation. Companies will sometimes rush to close a deal without conducting any due diligence — that is a recipe for disaster. On the other hand, companies alert to...
As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture. Simply put, you don’t want to acquire an FCPA violation. Companies will sometimes rush to close a deal without conducting any due diligence — that is a recipe for disaster. On the other hand, companies alert to...
“People are doing the best that they can from their own level of consciousness.” — Deepak Chopra If you travel on the anti-corruption seminar circuit (which is far more enjoyable than the proverbial “rubber chicken” circuit), you will hear from some of the most accomplished compliance professionals working at Fortune 50 companies. They are proud, and should be, about the compliance programs they oversee and...
“People are doing the best that they can from their own level of consciousness.” — Deepak Chopra If you travel on the anti-corruption seminar circuit (which is far more enjoyable than the proverbial “rubber chicken” circuit), you will hear from some of the most accomplished compliance professionals working at Fortune 50 companies. They are proud, and should be, about the compliance programs they oversee and...
“People are doing the best that they can from their own level of consciousness.” — Deepak Chopra If you travel on the anti-corruption seminar circuit (which is far more enjoyable than the proverbial “rubber chicken” circuit), you will hear from some of the most accomplished compliance professionals working at Fortune 50 companies. They are proud, and should be, about the compliance programs they oversee and...
The Dodd-Frank Wall Street Reform & Consumer Protection Act amended the Securities Exchange Act of 1934 by including a new provision requiring companies filing with the US Securities and Exchange Commission (SEC) to disclose whether their products use conflict minerals. The Act defines such conflict minerals as “columbite-tantalite (coltan), cassiterite, gold, wolframite or their derivatives” and other minerals determined by the US Secretary of State...
In the last few years, lawyers, acountants and other professionals have been beating the drum of aggressive enforcement of the FCPA (and the UK Bribery Act). There is no question that enforcement of anti-corruption laws around the globe has increased. The risk to companies and individuals has increased. But companies and individuals need to be realistic as to the real risks. As everyone knows, the...
The US Attorney from the Southern District of New York announced the unsealing of a major indictment against the founders of the three largest online poker sites — PokerStars, Absolute Poker and Full Tilt. A copy of the press release is attached HERE. The indictment charges the defendants with conspiracy to violate the Unlawful Internet Gambling Enforcement Act which prohibits processing of transactions related to...
In-House counsel and corporate compliance officers dodge bullets everyday as they stare down the barrels of aggressive prosecutors, regulators, civil litigants, whistleblowers, disgruntled employees and shareholders prodded by trial attorneys to file derivative suits at the drop of a hat. In the face of all of these risks, internal investigations have become commonplace and a standard defensive tactic for a company to regain some leverage,...
