In response to the aggressive enforcement environment, companies have been revising policies for travel, gifts, entertainment, and hospitality. As they do so, it is important for each company to consider these questions – What is the precise risk which is being addressed? How will the policy minimize the risk of bribery? How will internal accounting controls incorporate these policies? Companies know that the risks of...

Corporate Board members face even more risks in today’s aggressive FCPA enforcement environment. They have adjusted to the new post-Sarbanes-Oxley environment. Today, they face the perils of FCPA enforcement. As the Justice Department and the SEC bear down on more and more companies, Board members have to be even more sensitive and careful when it comes to FCPA enforcement. If you read between the lines...

One area where compliance officers and practitioners need to focus is on the requisite intent for a criminal violation. For compliance officers facing difficult policy choices on FCPA compliance policies, the touchstone of such policies should be the employee’s intent — was it criminal, negligent or benign?  It is one thing to have a policy which requires prior approval for any gift to a foreign...

The Department of Justice is proud of its record on FCPA enforcement. They take credit whenever and wherever they can. They trumpet every settlement. They proudly proclaim that over half of last year’s criminal fines were collected for FCPA violations. They are entitled to claim success. It is hard to argue against prosecutions of private companies and individuals who engage in foreign bribery. Such conduct...

As the economy improves and merger activity increases, it is important to remember the risks of FCPA liability when acquiring a company or entering into a joint venture.  Simply put, you don’t want to acquire an FCPA violation.  Companies will sometimes rush to close a deal without conducting any due diligence — that is a recipe for disaster.  On the other hand, companies alert to...

“People are doing the best that they can from their own level of consciousness.”  — Deepak Chopra If you travel on the anti-corruption seminar circuit (which is far more enjoyable than the proverbial “rubber chicken” circuit), you will hear from some of the most accomplished compliance professionals working at Fortune 50 companies. They are proud, and should be, about the compliance programs they oversee and...

In the last few years, lawyers, accountants and other professionals have been beating the drum of aggressive enforcement of the FCPA (and the UK Bribery Act). There is no question that enforcement of anti-corruption laws around the globe has increased. The risk to companies and individuals has increased. But companies and individuals need to be realistic as to the real risks. As everyone knows, the...

Tom Fox, a leader in the FCPA compliance world, has released his first book, Lessons Learned on Compliance and Ethics.”  I have ordered mine and you should order yours. Tom’s insight is practical, positive and invaluable.  Every compliance professional, attorney and consultant needs to read Tom’s book.  In this risky environment of aggressive enforcement, Tom always can find a practical solution to what first appear...

Nowhere am I so desperately needed as among a shipload of illogical humans.  –Spock in ‘I, Mudd’ If we look into the compliance program crystal ball, what will the future show?  A “shipload of illogical [compliance] humans” or something completely different? If we take a step back and look at the compliance landscape, we can draw a picture of what the future will look like.  Right...

It is troubling to see how many lawyers are unable to question a witness.  It is an acquired skill which reflects a lawyer’s experience and interpersonal skills.  Lawyers are not sensitive souls.  They have a hard time reading people because they are not so comfortable with themselves (some may say that is why they entered the practice of law).  That does not apply to every lawyer.  There...