Sometimes we lose perspective. Anti-corruption compliance practitioners act as if they are inventing new and innovative concepts. I do not mean any disrespect but anti-corruption compliance programs build on compliance concepts that have been applied in many different situations, especially in the areas of banking and finance, securities, health care, and international trade. My colleague Howard Sklar (Here) writes eloquently about the convergence of compliance...

Let’s all confess – let’s all tell the truth about one issue. Who can define in simple terms what “accounting controls” actually are? We all know what a bribe looks like and smells like. But when it comes to accounting controls, eyes glaze over, speakers mumble and speak quickly, typically turning to the next slide in a seminar presentation. So let’s take a moment and...

Contrary to public opinion and the blizzard of client alerts, the Tenaris settlement — which was touted as the SEC’s first use of a Deferred Prosecution Agreement — was not such a great deal.  In fact, it was a bad deal.  In addition, the SEC’s first use of a DPA is not a significant development since its usual settlements do not require the party to admit...

We are now in a new era – companies now have to comply with the UK Bribery Act and the FCPA. Lawyers are pitching everyone they can – people on the street corners, strangers at parties, everywhere – to hire them to make sure they comply with both the Bribery Act and the FCPA. But really what has to be done? Where are the real...

Companies are appropriately concerned about additional enforcement actions from SEC whistleblowers. The SEC recently issued its whistleblower rules. The new rules provide for a bounty or award to eligible whistleblowers who provide: “original information;” concerning a violation of federal securities laws; which results in a successful (judicial, administrative or related) enforcement action resulting in a fine or penalty (including disgorgement) of at least $1 million....

A company’s commitment to anti-corruption compliance can be quickly tested by examining its contracting practices and its use of anti-corruption provisions. If anti-corruption compliance is a priority, the company’s contracts will include basic protections. As more and more companies try to improve their anti-corruption compliance programs, this is an area which is relatively easy to change. Contract “templates” are a “dirty” concept. It is fine...

While everyone likes to write about the FCPA, the UK Bribery Act and other hot topics, False Claims Act enforcement and litigation continue to increase and the size of money awards grow and grow. The Justice Department likes to trumpet its awards on the FCPA, and they frequently cite 2010 as a banner year with fines of over $1 billion.  But imagine if FCPA fines were...

Brazil is frequently identified as one of the most attractive countries for investment and expansion. Brazil is one of the world’s leading economies: one of the top-10 in the world based on GDP. The country is rich in opportunities and more foreign companies are looking to expand into Brazil because of its potential lower costs for business operations. Economic opportunities abound well beyond oil and...

Everyone in the FCPA field knows how to mouth the key words. Practitioners always identify “ongoing assessment” as an essential part of any anti-corruption compliance program. What exactly does that mean? You can define the responsibility for ongoing assessment narrowly or broadly, depending on how much of a commitment you want to make. It is easy to define an ongoing assessment requirement to just an...

The UK Bribery Act is a significant double-edged sword – one the one hand, the Serious Fraud Office (SFO) can enforce the strict liability offense of failing to prevent bribery; on the other hand, the putative defendant company can raise the defense that it had “adequate procedures” in place to prevent bribery. All of this begs the question – what exactly will “adequate procedures” look...