Global companies are paying greater attention to criminal antitrust risks – and with good reason.  We often dwell on the impact to a company of a major FCPA investigation.  A global criminal antitrust investigation often in destabilizing given the mature global enforcement environment.  Cartel members often have to respond to multiple jurisdictions to resolve their potential liability. In early December 2019, after a four-week trial,...

Global companies face extraordinary risks through their reliance on third-party agents, distributors, consultants and vendors/suppliers.  Federal prosecutors and regulators have had a record year in FCPA and sanctions enforcement.  To mitigate these risks, global companies are quickly adopting automated platforms to manage their third-party risks.  NAVEX Global is at the forefront of this effort through its RiskRate automated platform. Chris Bailey, Product Manager, NAVEX Global,...

2019 — The FCPA Year in Review January 7, 2020, 12 Noon EST Sign Up HERE The Justice Department and the SEC had a record year in FCPA enforcement — the largest amount of penalties against corporate defendants and the most individuals charged in one year. DOJ’s Ericsson and MTS settlements resulted in nearly $2 billion in recoveries. DOJ had several trial victories as well...

Boston Heart Diagnostics, a Massachusetts company, agree to pay $26.7 million to settle a False Claims Act case involving allegations of paying illegal kickbacks to physicians.  According to the settlement, Boston Heart charged Medicare and Medicaid patients for advanced lipid testing referred by providers who received kickbacks from independent marketers at the direction of Boston Heart.  Starting in 2015, Boston Heart provided advanced lipid testing...

Corporate cultures do not operate in a silo or free from external influences.  Yet again, another profound grasp of the obvious.  Employees, managers and senior leadership all bring their own experiences, perspectives, attitudes and influences.  Of course, our political and social environment is a consistent and steady influence on corporate culture and behavior. Given the current social climate, the divisive nature of our politics, particularly...

Ericsson’s FCPA settlement is in the books (not the books and records).  But it casts a significant shadow across the FCPA landscape.  A pervasive and systemic culture of bribery is defined to reflect senior executive involvement, winning business at any cost and using bribery as an accepted business strategy.  Ericsson will now pay more than just the price of a $1 billion settlement; it will...

The Sweden-based telecommunications company, Ericsson, agreed to a pay a total of $1 billion (yes, billion with a “B”) for FCPA violations.  Ericsson entered into settlement agreements with DOJ and the SEC.  Ericsson agreed to pay a criminal penalty of over $520 million and approximately $540 million to the SEC.  An Ericsson subsidiary in Egypt entered a guilty plea to an FCPA conspiracy to violate...

The Sweden-based telecommunications company, Ericsson, agreed to a pay a total of $1 billion (yes, billion with a “B”) for FCPA violations. Ericsson entered into settlement agreements with DOJ and the SEC. Ericsson agreed to pay a criminal penalty of over $520 million and approximately $540 million to the SEC. An Ericsson subsidiary in Egypt entered a guilty plea to an FCPA conspiracy to violate the anti-bribery,...

Recently, the Justice Department unsealed an indictment charging Jose Carlos Grubisich, the former CEO of Braskem S.A. with participating in an FCPA conspiracy with Odebrecht S.A.  Grubisisch was arrested last Wednesday. Copy Here. Grubisich is charged with one count of conspiracy to violate the FCPA bribery provisions, one count of FCPA conspiracy to violate the FCPA’s books and records provisions and falsely certifying financial reports,...

Apollo Aviation Group, now Carlyle Aviation Partners, agreed to pay OFAC $210,600 for 12 violations of the Sudanese Sanctions Program.  Carlyle acquired Apollo in December 2018, and Carlyle was not involved in the transactions.  The broad prohibition in the Sudanese Sanctions Program were lifted on January 17, 2017, but the transactions occurred prior to the relaxation of the sanctions program.  Apollo was a multi-strategy aviation...