News and commentary about white-collar crime, enforcement, and compliance
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
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
On August 1, 2013, the Clean Company Act (Law 12,846) was enacted by the Brazil National Congress to fill a legal gap in the country’s anti-corruption enforcement power compared with laws like the FCPA and the UK Bribery Act, and standards set by the OECD anti-bribery convention.… Continue Reading
In 2014, Brazil enacted the Clean Company Act to counter widespread corruption in both the private and public sectors.
Under this law, companies can be held responsible for corrupt practices of employees and liable without finding fault.… Continue Reading
The first formal act of Brazil’s interim president has been a Provisional Measure that completely dissolves Brazil’s main anti-corruption enforcement agency, the Comptroller General (CGU).
Michel Temer, pictured left, who assumed office yesterday following Dilma Rousseff’s removal to stand trial for impeachment, approved the Provisional Measure No.… Continue Reading
In a prior post earlier this year for the FCPA Blog, I talked about what Brazil is doing to clean up graft. This post continues that discussion, with a focus on official guidance from agencies and regulators about new anti-corruption laws and regulations and how to comply with them.… Continue Reading
In two earlier posts, I looked at enforcement in Brazil during the prior calendar quarter. The first post described some of the enforcement actions and investigations that are ongoing, and the second post focused on graft scandals that could have a particular impact on the government.… Continue Reading
Language solutions provider Merrill Brink International is making available to readers of the FCPA Blog an English translation of the new Brazil regulations under the Clean Company Act.
Merrill Brink (a subsidiary of Merrill Corporation) is certified to ISO 9001:2008, ISO/IEC 27001:2005 and ISO 13485:2003; and compliant to EN 15038:2006 and ISO 14971:2007.… Continue Reading
As we mentioned in an earlier post on the FCPA Blog, on March 18 Brazilian President Dilma Rousseff issued a presidential decree regulating the Clean Company Act, as a part of a series of anti-corruption measures to counter the increasing number of protests against the federal government.… Continue Reading
While much attention is paid to the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, an array of other anti-corruption laws apply to multinational companies.
For example, the so-called “BRIC” countries — Brazil, Russia, India and China — all recently enacted, and have begun taking initial steps to enforce, more stringent anti-corruption laws.… Continue Reading
I spoke with Aaron Murphy, author of the book, Foreign Corrupt Practices Act: A Practical Resource for Managers and Executives and, as of 2014, a partner in the litigation practice of Akin Gump Strauss Hauer & Feld LLP’s office in San Francisco.… Continue Reading
The ongoing saga of Brazilian anti-corruption reform has reached a glorious crescendo. On Thursday, President Dilma Rousseff exercised her line-item veto power (a power the U.S. president lacks) to selectively approve Brazil’s Clean Company Act.… Continue Reading
The protests of the Brazilian people have moved their Parliament to action. Late last week, after a protracted procedural history, the Brazilian Senate approved the Clean Company Act. It now goes to President Dilma Rousseff for final approval.… Continue Reading
A key vote has occurred in the Brazilian legislature on its anti-corruption bill, the Clean Company Act. And anti-corruption advocates may deem it only a partial success.
Recall that though Brazil was among the original 1997 signatories to the OECD Convention on Combating Bribery, its eventual statute imposed liability only on natural persons and not on companies.… Continue Reading