The internet is filled with articles written by lawyers, consultants and government officials on when a company should disclose a potential FCPA violation or a government FCPA investigation.  It is not an easy question and lawyers often disagree on when a matter is “material” for a publicly-traded company. The disclosure has major ramifications for a company.  I am amazed at how quickly the plaintiff’s bar...

Several years ago, Canada was regularly cited for its lack of commitment to anti-corruption enforcement.  Canada got the message and it ramped up its anti-corruption program. The Royal Canadian Mounted Police dedicated additional resources to enforcement, and they have been busy.  They are conducting a major anti-corruption investigation against SNC-Lavilin, which appears to be the largest anti-corruption case brought by the Canadians.  SNC-Lavilin has suffered...

Let’s start with a few basic assumptions – we all know that third parties are often the most significant risk for corruption.  Of course, a company’s own sales staff can be a significant risk, just as much as a third-party.  However, most companies recognize that they have a greater ability to control the actions of their sales staff than their third parties. Knowing that your...

The story of “The Boy Who Cried Wolf” applies with full force to the securities industry and the FCPA.  Since 2010, FCPA practitioners have been crying out about FCPA risks in the securities industry. First, in 2010, it was the SEC letters issued to various investment banks, private equity and hedge funds.  The SEC was concerned about anti-corruption compliance and interactions with sovereign wealth funds...

Doctors better get used to government regulation.  The Affordable Healthcare Act contains a lengthy complement of new laws and regulations.  Physicians are under greater government scrutiny.  As Medicare expands and inevitably grows, physicians face a growing number of risks. Some doctors have sworn off Medicare and Medicaid patients because of government regulation.  Not all doctors can afford to do that.  As a result, physicians are...

People love to make mountains out of mole hills.  Or to put in another way (as my daughter might say), “She/he is a drama freak.” When it comes to structuring a compliance and ethics program, and the reporting lines, I have been accused of being a “drama freak,” meaning that I have advocated for an independent and empowered chief compliance officer.  What does an independent...

Forgive me for dedicating a posting to this topic, since I have a vested interest in this topic.  I have conducted a number of Anti-Corruption Compliance Program Assessments.  I am a strong advocate for conducting such assessments.  My belief has nothing to do with compliance with the Sentencing Guidelines or the DOJ/SEC FCPA Resource Guide, which include specific directives to businesses to conduct such assessments. ...

We all remember the fun we had as children playing hide-and-seek.  It was a great game and those of us who are parents have passed on the rich tradition associated with that game.  Unfortunately, in our kids’ world, I am sure it has been turned into an “RPG” (Role Playing game) which is played online with hundreds of thousands of players around the globe. When...

My good friend and mentor, Judge Sporkin, is not shy nor bashful about his views on the FCPA.  When he heard about DOJ’s undercover sting in the Shot Show case, he scoffed, “What a mistake!  The government does not need to manufacture bribery.  There is plenty going on and they should prosecute those cases.” His point was well taken.  His point applies equally to the...