A number of large multinational companies are allegedly under investigation for FCPA violations in Indonesia.  That should not be a surprise.  The United States and Indonesia have established cooperative arrangements to investigate bribery.  Indonesia’s Corruption Eradication Commission (“KPK”) has been a victim of its own success — rival law enforcement agencies and a small number of businesses have launched challenges to KPK’s authority and aggressive...

A number of large multinational companies are allegedly under investigation for FCPA violations in Indonesia.  That should not be a surprise.  The United States and Indonesia have established cooperative arrangements to investigate bribery.  Indonesia’s Corruption Eradication Commission (“KPK”) has been a victim of its own success — rival law enforcement agencies and a small number of businesses have launched challenges to KPK’s authority and aggressive...

For those companies dedicated to compliance, the first and most critical step is a commitment to empower its compliance office.  A company must assign adequate personnel and allocate adequate resources to fulfill its mission.  An effective compliance officer must be regarded as equal to, or even senior to, the company’s Chief Financial Officer or General Counsel.  Gone are the days when compliance offices are a...

In reality, many companies do not have adequate internal controls for FCPA compliance.  Of course, Sarbanes-Oxley imposed new and significant requirements on companies to implement adequate internal controls.  Companies responded quickly to the SOX requirements.  When it comes to the FCPA, the story is different.  There are certain basic requirements which need to be implemented.  Assuming that a company is interested in preserving documents and has that...

In reality, many companies do not have adequate internal controls for FCPA compliance.  Of course, Sarbanes-Oxley imposed new and significant requirements on companies to implement adequate internal controls.  Companies responded quickly to the SOX requirements.  When it comes to the FCPA, the story is different.  There are certain basic requirements which need to be implemented.  Assuming that a company is interested in preserving documents and has that...

In reality, many companies do not have adequate internal controls for FCPA compliance.  Of course, Sarbanes-Oxley imposed new and significant requirements on companies to implement adequate internal controls.  Companies responded quickly to the SOX requirements.  When it comes to the FCPA, the story is different.  There are certain basic requirements which need to be implemented.  Assuming that a company is interested in preserving documents and has that...

In reality, many companies do not have adequate internal controls for FCPA compliance.  Of course, Sarbanes-Oxley imposed new and significant requirements on companies to implement adequate internal controls.  Companies responded quickly to the SOX requirements.  When it comes to the FCPA, the story is different.  There are certain basic requirements which need to be implemented.  Assuming that a company is interested in preserving documents and has that...

Some commentators have brushed aside China’s new foreign anti-bribery law as window dressing and a feeble attempt to bring China into compliance with international anti-corruption treaties. The proof will be in the pudding – how does China enforce the law? As written, however, there are some interesting questions as to its interpretation and applications. The newly enacted law criminalizes bribes given to foreign (i.e., non-PRC)...

There is a strange silence in the world of webinars, seminars and the blogosphere – there are no more predictions of Armageddon — the world is coming to an end with the new UK Bribery Act. Why? Where is everyone? There is no way the Ministry of Justice Guidance somehow clarified the law so that companies know what to do – in fact, my favorite...

With the latest string of insider trading prosecutions, the government has demonstrated its commitment to aggressive “pushing the envelope” criminal prosecutions. Compliance officers need to put this issue on their radar screens and add it to the mix of risk areas. The SEC and Justice Department are on a “moral crusade” — the leadership of the enforcement division is now a former federal prosecutor. The...