With all the hysteria surrounding anti-corruption compliance programs, companies try to react quickly, adopt a compliance program and then implement it.  If done too quickly, it is certain to “fail.” An anti-corruption program needs to be phased in, while assuring adequate buy-in, modification and monitoring.  With a phased-in and continuous monitoring approach, a compliance program will be securely established and in the end, more successful. ...

I wish I didn’t know now what I didn’t know then — Toby Keith  It is an axiom of criminal law – punishment is meted out to punish wrongdoers when they consciously engage in wrongful conduct. In the white collar context, an action becomes criminal when the actor possesses the requisite state of mind, i.e. the actor knows what he or she is doing is...

I am sorry to burst everyone’s bubble but the Lindsey decision does not reflect any repudiation or cut back in FCPA enforcement.  To the contrary, Judge Matz’s decision was in response to “standard” prosecutorial misconduct violations. Nothing in Judge Matz’s decision had anything to do with the Justice Department’s aggressive FCPA enforcement program.   Putting all this aside, the Lindsey decision will have an impact on the...

In an interesting article in the National Journal, Jon May argues for FCPA reform.  The text of the article and a link is attached: The U.S. Chamber of Commerce is lobbying Congress to amend the Foreign Corrupt Practices Act to lessen the financial burden on U.S. companies doing business in foreign countries. That burden has cost U.S. companies upwards of a trillion dollars and has...

There is a growing political movement against corruption.   The trend is unmistakable – from the Arab Spring across the Middle East, to  India, to the fall of Berlusconi in Italy, and even to the Occupy Wall Street movement, public anger against corruption has increased.  The political toll has been high.  Governments have fallen in response to claims of corruption and misconduct.  Last week, Transparency International released...

Prosecutors occupy a unique and powerful position in the criminal justice system. They decide what charges to bring, what plea bargain to offer, what evidence to present at trial, and what sentence to request. In making these decisions, prosecutors must strike the difficult balance between zealously pursuing the conviction of the guilty while remaining objective so as not to overlook evidence of innocence or mitigation....

World Compliance – FCPA Houston Event 2011 Join us Join us Wednesday December 7th at the Hilton Houston Post Oak  for a comprehensive look at the lessons learned over the past four years. Learn how DPAs and NPA can help guide your FCPA policy.   Bribery Act and FCPA SummitThe UK Bribery Act has been described as “The FCPA on Steroids.”  For global companies, and for...

December 6, 2011 Webinar:  Register Today https://cc.callinfo.com/cc/s/showReg?udc=1siwtt5servd7 Join me and Huron Consulting Group for a webinar discussing current enforcement trends related to off-label marketing of medical devices and the publicity and purchasing oversight implications for healthcare providers. The presentation will focus on: Understanding the off-label marketing prohibition Activities prohibited under off-label marketing prohibition Current enforcement trends and what medical device manufacturers can learn from past investigations into pharmaceutical...

The Justice Department has let everyone know that they are focusing FCPA enforcement on drug and medical device companies.  They have made it clear since at least 2008 that they have a number of companies under investigation.  There has been no let up in this enforcement focus, and DOJ’s efforts in 2012 and 2013 will continue. Pharma and medical device companies have significant corruption risks. ...

You would think that knowing the corruption risks created by use of third-party agents that every company — big and small — would focus on due diligence and anti-corruption compliance for its third-party consultants and agents.   But that is not the case.  Numerous companies have faced the daunting task of applying anti-corruption controls to its third-party agents.  It takes perseverance and commitment.  A dedicated compliance or...