FCPA bloggers can be repetitive. We like to repeat important points. How many more times do we have to remind everyone on the importance of documentation? In the interest of originality, I wanted to address documentation for a due diligence package of third-party agents. Every FCPA enforcement case involves deficiencies in the hiring and supervision of third-party agents. If a company has to prioritize its...
My wife, Rosetta, and I have collaborated on this post in honor of Memorial Day. Rosetta, writes a regular blog on Sicily Cuisine Culture and Tradition — the link is here. I have lived in Washington DC all of my life. It is a majestic city, filled with memorials and history. I recall as a six-year old, looking down from my father’s office building on...
Patrick Kellermann from LeClair Ryan is our guest contributor today. He can be reached here. For many businesses, now is the time to expand into Russia. In 2011, the Russian economy grew by 4.3%. The IMF projects the $1.8 billion economy will continue to grow by 3.3% in 2012 and 3.5% in 2013, over twice the pace of growth compared with so called, “advanced economies.”...
In the compliance world, lawyers and accountants are strange bedfellows. Sometimes they need each other, and sometimes they do not. Each has advantages and disadvantages. Working together, you get both. I shudder when I think of companies that have hired accounting firms to conduct internal investigations, design compliance programs, or audit compliance programs. Please do not misunderstand me. I have worked with some terrific forensic...
The Middle East is a diverse area with significant disparities in the region. Oil and gas dominate the economies. Cultural and economic factors make compliance extremely difficult in the Middle East. Interestingly, on the Transparency Index, a number of Middle East countries fall above the median (e.g. Qatar 22, UAE 28, Bahrain 46, Oman 50, Kuwait 54, Jordan 56, Saudi Arabia 57, Tunisia 73,) and a...
Everyone writes about the FCPA and the UK Bribery Act. Some are more willing to tackle export compliance. Given the Obama Administration’s reliance on sanctions as a foreign policy tool, companies need to address the ever-changing configuration of sanctions to avoid criminal or civil liability. The Justice Department’s record of aggressive enforcement of export controls and sanctions has been impressive. Steve Pelak, a former colleague of...
Everyone has tips on how to conduct internal investigations. The how-to articles present advice on how to conduct an internal investigation. Unfortunately, the reality is far more complex and risky. Behind many of the FCPA settlements reached between companies and the Justice Department are intriguing twists and turns in every investigation as the facts are gathered. In some cases, the “truth” is never actually revealed,...
The test of any compliance program is simple. All you have to do is look to the Chief Compliance Officer and ask these two basic questions: 1. Does the CCO have independent authority and reporting access? 2. Does the CCO have the resources needed to carry out the job? If the answers are no, the program is not adequate. In 9 cases out of 10...
I have spoken to several in-house counsel meetings about the Laura Stevens criminal case. It is amazing to me how many have not heard about the case or appreciates the implications for in-house counsel and especially global businesses. In-house counsel have a very challenging job and often have little time to devote to non-emergencies. I will try and boil down the implications to make it...
A policy debate requires careful thought and practical evaluations. That is the case with the current flap involving the Chamber of Commerce’s push for reform. The Chamber of Commerce, for all its resources, and brilliant minds, ignored a number of significant issues surrounding a compliance defense to an FCPA prosecution. Even the FCPA Professor ignored some real significant practical issues. Prosecutors and defense counsel with...
