Walmart And The Statute Of Limitations
How long is the statute of limitations for FCPA offenses?
A lot of people have asked since Walmart de Mexico’s news broke.
Answer: The statute of limitations for the FCPA is five years.… Continue Reading
How long is the statute of limitations for FCPA offenses?
A lot of people have asked since Walmart de Mexico’s news broke.
Answer: The statute of limitations for the FCPA is five years.… Continue Reading
On his Conflict of Interest Blog, Jeff Kaplan had a terrific post this weekend about the CEO of Chesapeake Energy.
The company let boss Aubrey McClendon take personal stakes in the wells it drilled.… Continue Reading
The eight former Siemens executives and agents indicted in December last year for bribery, money laundering, and wire fraud haven’t appeared in court in the United States and there are no reports of their arrests overseas.… Continue Reading
Earlier this week, when the DOJ and SEC charged Garth Peterson with FCPA violations, both agencies publicly announced that they had declined to prosecute or charge his employer, Morgan Stanley, because of its strong compliance program.… Continue Reading
Since the Walmart saga became news earlier this week, well-meaning people have been asking the question:
Why do we have the FCPA?
Bribery is a way of life in lots of places, they say.… Continue Reading
In yesterday’s post, Andy Spalding said efforts to reform the FCPA by adding a compliance defense have emerged “unscathed” from the fallout over the New York Times report of Wal-Mart’s conduct in Mexico.… Continue Reading
From the China Compliance Digest (Issue No. 12: April 23, 2012):
In response to Chinese premier Wen Jiabao’s call for government officials to curtail unnecessary spending, media both within and outside China are devoting an unprecedented amount of attention to the mainland’s many ultra-expensive luxury goods.… Continue Reading
Let me be blunt: assuming the allegations to be true, had the FCPA been amended to include a good faith compliance defense, Wal-Mart would not be eligible for it.… Continue Reading
The Walmart de Mexico case highlights the dangers of the facilitation payment loophole in the FCPA. Hiding bribes inside this U.S. loophole is no longer a legally sound strategy in the global enforcement environment.… Continue Reading
Garth R. Peterson, a managing director in Morgan Stanley’s real estate investment and fund advisory business in China, pleaded guilty today to a one-count criminal information charging him with conspiring to evade internal accounting controls that Morgan Stanley was required to maintain under the FCPA.… Continue Reading
Samuel Rubenfeld at the Wall Street Journal reported the sentencing today of Juan Pablo Vasquez, a former executive at Latin Node Inc.
He received three years probation and a $7,500 fine after pleading guilty in January last year to conspiring to violate the FCPA.… Continue Reading
AlixPartners recently surveyed large multinationals about their compliance programs. Our goal was to better understand the ways in which companies are identifying and addressing corruption risk.
Some key findings: