In Uber’s first-ever SEC filing last week, it disclosed a two-year old FCPA investigation in five countries, including Indonesia and Malaysia. What might have gone wrong in those countries? Here are some clues.… Continue Reading
The biggest operator of for-profit higher education schools is investigating an $18 million charitable donation in Turkey and whether some of the money was diverted to a government official.
Baltimore-based Laureate Education, Inc.… Continue Reading
For just the second time in the Foreign Corrupt Practices Act’s 39-year history, a company was charged with FCPA offenses based solely on a charitable contribution that was intended to buy the influence of a foreign official.… Continue Reading
Last month Amsterdam-based VimpelCom Limited and its wholly owned Uzbek subsidiary, Unitel LLC, paid U.S. penalties of $397.6 million to resolve FCPA offenses.
In its enforcement action, the SEC said that at least $114 million in bribe payments were funneled through an entity affiliated with an Uzbek official, and approximately a half-million dollars in bribes were disguised as charitable donations made to charities directly affiliated with the Uzbek official.
The head of the SEC’s Enforcement Division observed: “These old-fashioned bribes, hidden through sham contracts and charitable contributions, left the company’s books and records riddled with inaccuracies.”
The VimpelCom settlement is the latest example of FCPA enforcement involving philanthropic activities overseas.… Continue Reading
While clear policies on charitable contributions are important, the controls implementing these policies are equally critical to an effective compliance program.
Which type or types of controls are used in emerging markets is a function of the local level of corruption risk, the nature of the company’s intended contribution, the nature of the company’s business, and the size and complexity of its business.… Continue Reading
Many individuals, non-profits, and corporations actively support charitable causes around the world. The need to support worthwhile charitable projects in many developing markets is particularly acute due to local needs, the lack of government funding, and the lack of an adequately developed infrastructure.… Continue Reading
In the e-book we wrote as a guide to navigating corruption challenges in emerging markets, we talk in one chapter about guarding against anti-corruption problems in connection with philanthropic and grant-giving activities.… Continue Reading
Amsterdam-based VimpelCom Limited, the world’s sixth-largest telecommunications company, and its wholly owned Uzbek subsidiary, Unitel LLC, entered into resolutions with the DOJ, SEC, and Dutch authorities Thursday for paying more than $114 million in bribes to a government official in Uzbekistan between 2006 and 2012.… Continue Reading
Hyperdynamics Corporation Tuesday settled alleged FCPA books and records and internal controls offenses by agreeing to pay the SEC $75,000.
The Houston-based oil and gas company received subpoenas from the SEC and DOJ in 2013 requesting documents relating to its business in the African country of Guinea.… Continue Reading
Hyperdynamics Corporation said Friday the DOJ has closed its FCPA investigation without bringing any charges against the company.
The Houston-based oil and gas company said it had cooperated with the government’s investigation, and the “DOJ noted the value of the Company’s cooperation in its [declination] letter.”
In a speech Tuesday at CBI’s Annual Pharmaceutical Compliance Congress in Washington D.C., the head of the SEC’s enforcement division, Andrew Ceresney, left, talked about the most common ways pharmas violate the FCPA.… Continue Reading
This is the final post in my series analyzing IKEA’s charitable contributions in Russia in the 1990s and early 2000s. I haven’t presumed IKEA was subject to the FCPA when the events happened or that any FCPA violations might have occurred.… Continue Reading