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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Thomas Fox | Contributing Editor

Thomas Fox is a contributing editor of the FCPA Blog.

Thomas Fox has practiced law in Houston for 30 years. He is now the Compliance Ambassador for the Red Flag Group.

Tom is the author of the award winning FCPA Compliance and Ethics Blog and the international best-selling book “Lessons Learned on Compliance and Ethics”.

His seminal book, “Doing Compliance: Design, Create, and Implement an Effective Anti-Corruption Compliance Program” is widely viewed as one of the top volumes on the nuts and bolts of compliance.

He is one of the top leaders in social media in compliance, blogging, podcasting, writing and speaking across the globe on anti-corruption and anti-bribery compliance programs.

Recent Posts

Resource alert: The Reputational Risk Handbook

One of my favorite virtual friends is Dr. Andrea Bonime-Blanc, the CEO and founder of GEC Risk Advisory LLC. While her career and current consulting is wide-ranging, I want to focus on her recent book, The Reputation Risk Handbook, which should be read by any compliance practitioner, senior executive or board member.

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Are FCPA books and records and internal controls defenses becoming obsolete?

Many of us scratched our head in 2010 when the Oracle FCPA enforcement action came out. We didn’t understand how a company could be prosecuted, even civilly by the SEC for internal controls or book and records violations, without evidence that bribes had been paid. But after the past few months, I think Oracle was a precursor to a strict liability standard that’s coming to FCPA enforcement.

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Tom Fox: Oil price drop raises compliance risks

Oil is hovering around $50 per barrel. For most of the U.S. economy this drop in oil prices has provided a much-needed economic boost. One piece on the NPR website said “economists have suggested the big drop in oil prices is a gift to consumers that will propel the economy.”

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FCPA, Bribery Act have a role in the fight against terrorism

There still seems to be some debate as to whether the FCPA, the UK Bribery Act, and other international focused anti-bribery legislation aids in the fight against terrorism. But the continuum from corruption to crime to terrorism is well-established and arguing that laws such as the FCPA have no place in a country’s overall security regime seems to be me to be naive at best.

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‘Guns blazing’ defense of FCPA compliance from the Chamber of Commerce

Recently one of the most unlikely sources for praise of the Foreign Corrupt Practices Act (FCPA) came out to inform us all that corporations are the cornerstone of FCPA compliance and enforcement. You may be surprised to find out it was the U.S. Chamber of Commerce. It came in the Chamber’s Amicus Curie filing in a case currently being considered by the Texas Supreme Court, Shell v. Writt, which is unusual because it is a state supreme court case, which touches on the Foreign Corrupt Practices Act (FCPA).

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FIFA turmoil and the continued fall out

Last week FIFA announced that it had considered the investigation into allegations of corruption into the awarding of the 2018 World Cup tournament to Russia and the 2022 World Cup tournament to Qatar and found “any improper behaviour in the bidding process for the tournament was ‘of very limited scope.’”

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With GSK, China flipped the compliance switch

GlaxoSmithKline PLC (GSK) may well be a watershed in the global fight against bribery and corruption. Behavior and conduct, which was illegal under Chinese law but previously tolerated and even accepted by Chinese government officials, quickly became a quagmire that the company was caught in when charges of corruption were leveled against them last year.

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Pre-trial agreements are powerful corporate governance tools

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is its the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) somehow pervert the course of justice. Speaking from the perspective of a former in-house type, I have argued that corporations desire DPAs and NPAs because they bring certainty. Not only in ending an enforcement action but also in knowing your obligations going forward; they bring certainty in setting the fines and penalties to be paid for a FCPA violation. And, of course, if you enter into a DPA or NPA you bring your corporate client the certainty that you will not ‘Arthur Anderson’ your organization out of existence.

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GSK In China: A Game Changer in Compliance

The entry of the Chinese government into the international fight against corruption and bribery is truly a game-changer. While there may be many reasons for this very public move by the Chinese government, it is clear that foreign companies are now on notice. Doing business the old fashioned way will no longer be tolerated.

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