After news broke that the U.S. Department of Justice was investigating Uber’s potential violations of the Foreign Corrupt Practices in late August, the National Law Review wrote, “In our experience, once DOJ begins learning about a particular industry in such an investigation, the investigation will expand to other players within the industry.… Continue Reading
Posts Tagged: Enforcement Policy
For decades, U.S. prosecutors have touted their big victories over big pharma for violations of U.S. laws prohibiting bribery in the U.S. (the federal Anti-Kickback Statute) and abroad (the FCPA).
After paying tens of billions of dollars in fines and penalties, it appears that big pharma may have received the message and responded by taking compliance seriously and investing in the resources needed to identify and address risk areas.… Continue Reading
The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives by Jesse Eisinger talks about what has brought us to present-day enforcement challenges and controversies.
I enjoyed the book cover to cover.… Continue Reading
At a recent conference, I had the good fortune of asking a former high-ranking DOJ official, “how is it that pre-existing compliance is no part of the Pilot Program’s penalty reductions and declinations?”… Continue Reading
The Pilot Program is best understood as the DOJ’s response to three distinct lines of public commentary on FCPA enforcement. The Department should be commended for responding to this commentary — indeed, for even listening to it in the first place.… Continue Reading
Last week I spoke with Philip Urofsky, a partner at Shearman and Sterling, and a former federal prosecutor, responsible for investigating and advising on matters involving potential violations of the Foreign Corrupt Practices Act.… Continue Reading
As readers of the FCPA Blog are aware, the Pilot Program requires voluntary self-disclosure and cooperation with the government in order to be eligible for a declination from the DOJ.
Since the Pilot Program’s inception, three public companies have disgorged profits to the Securities and Exchange Commission in return for a declination from the DOJ.… Continue Reading
Following a peace agreement that ended more than 50 years of civil conflict against the drug cartels and FARC (the Colombian Revolutionary Armed Forces, for its initials in Spanish), the focus now in Colombia is on exposing and prosecuting corruption.… Continue Reading
Recent enforcement actions suggest that regulators, both in the United States and the UK, are targeting compliance officers.
Some of these cases involve allegations that compliance officers took part in the misconduct, such as collusion between a compliance officer of a registered broker-dealer and his relatives to defraud investors and embezzle their money.… Continue Reading
The acting chief of the DOJ’s Criminal Fraud Section announced a new partnership last month between the DOJ’s Healthcare Fraud Unit’s Corporate Strike Force and Foreign Corrupt Practices Act prosecutors.
Their mission is to “investigate and prosecute matters relating to health care bribery schemes, both domestic and abroad.” … Continue Reading
Attorney General Jeff Sessions said Monday that enforcing the Foreign Corrupt Practices Act is critical to protecting honest companies from competitors who choose to pay bribes.
Sessions, speaking at the Ethics and Compliance Initiative Annual Conference in Washington, DC, said corruption “increases the cost of doing business and hurts honest companies that don’t pay these bribes.”… Continue Reading
At this year’s Anti-Corruption, Export Controls & Sanctions Summit in Washington, DC, the DOJ’s Trevor McFadden talked Tuesday about the FCPA.
Spoiler alert: Corruption stinks, the FCPA is working well, and the United States will continue to enforce it.… Continue Reading