When does a public company have to disclose a government investigation or inquiry of a potential FCPA violation? Like many other FCPA issues – there is no clear cut answer. We are back to Justice Potter Stewart’s solution – “I know it when I see it.” It seems that some companies have blinders on when it comes to resolving this issue. From what I can tell,...
Just to join the bandwagon of end of the year retrospectives, I thought I would put together a top-10 list for FCPA events. Many have called 2011 the year of the trial. I am not sure that captures it all so accurately. I think it is too narrow a perspective — how about “The Year of Global Anti-Corruption Enforcement.” In any event, whatever you may think,...
Forgive me for chastising a government agency, but I find it ironic that articles have been coming out lately on the ten year “anniversary” of the fall of Enron. To me, what is more ironic is that in the last few years the SEC has failed to bring any major — headline worthy –accounting fraud cases. Maybe I am missing something but there is no doubt...
In the beginning of the year, the SEC sent shockwaves through the financial community when it launched its inquiry into the relationship between financial institutions and sovereign wealth funds. The SEC issued letters to various companies requesting information about these interactions and anti-corruption compliance. The SEC warned the financial community in 2008 about this inquiry. SEC officials made various public statements concerning the need for financial...
The World Bank has become an international leader in the battle against corruption. As the leading multilateral development financier in the world, the World Bank has established itself as a major force in the battle against corruption. Its influence is bound to grow with time, and the leadership and staff are extremely committed to making a mark in this area. The World Bank has launched...
The Justice Department is making sure that 2012 will be a very interesting year in FCPA enforcement. Two new and significant trends, which the Justice Department telegraphed, are now a reality. First, and most significantly, the Justice Department is moving its FCPA enforcement program more and more toward the Antitrust Division’s model. What do I mean? In the antitrust context, the Justice Department frequently secures...
[T]here are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns – there are things we do not know we don’t know. — former Secretary of the Defense, Donald Rumsfeld It is getting pretty crowded these days out in...
For those who like to focus on anti-corruption enforcement and compliance issues, I am sure there are times readers wonder why I post articles about corporate governance. In any company, “tone-at-the-top,” requires good corporate governance. Senior management can do everything necessary to make a compliance program work but without effective governance at the board level, the tone at the top may be drowned out by other problems...
It is surprising how often companies rely on outside auditors to detect and then investigate suspected bribery. I have nothing against outside auditors — the Big 4 and other auditing companies are indispensable as part of an internal review team. But companies are making a strategic error when they rely solely on auditors to review the company books, identify potential suspicious payments, and then help the company...
The Justice Department has promised to issue guidance on the meaning of the FCPA and the application of the law to infinite permutations in the real world. As I try to remind everyone, there is little chance that such guidance will resolve many of the more nettlesome issues facing companies, Audit Committees, compliance officers, general counsels and other professionals. The most important point may be the...
