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
Last month, French firm Safran S.A. received the DOJ’s 16th declination with disgorgement. Remember how declinations with disgorgement came into being?… Continue Reading
An FCPA anti-bribery offense requires five essential elements: (1) Corruptly (2) paying or promising to pay (3) anything of value (4) to a foreign official (5) for the purpose of obtaining or retaining business or securing any improper advantage.… Continue Reading
When the DOJ and SEC published their FCPA Resource Guide, they emphasized the connection between remedial action and enforcement. The Guide makes clear that no company can expect a favorable FCPA resolution unless it takes adequate remedial action, and conversely, companies that fail to do that are more likely to face charges and harsher FCPA penalties.… Continue Reading
Contracts between companies and third parties might be the usual bailiwick of lawyers. But any robust program should give compliance officers a chance to know what compliance-related language is in those contracts, or what’s missing, and have a voice in the contract approval process.… Continue Reading
Both journalists and compliance professionals are gatekeepers. They have a similar duty to find and report the truth for the public welfare. So, thinking I could learn something, I searched for a code of ethics for journalists and found several.… Continue Reading
What can a company do to convince prosecutors, regulators, and sentencing judges that it is committed to compliance? The question needs an answer because commitment is the feds’ threshold issue and the top-ranked hallmark when evaluating compliance programs.… Continue Reading
Compliance professionals have known for decades that intermediaries are involved in nearly all FCPA anti-bribery violations. The DOJ and SEC say plainly that FCPA enforcement actions “demonstrate that third parties, including agents, consultants, and distributors, are commonly used to conceal the payment of bribes to foreign officials in international business transactions.”… Continue Reading
Not long ago, it was common for smart-alecky lawyers at FCPA conferences to make a big deal about “anything of value” not being defined in the FCPA (as in, the FCPA prohibits “the payment, gift, offer, or promise of anything of value”) and there being no de minimis threshold for bribes.… Continue Reading
The Evaluation of Corporate Compliance Programs, first published five years ago, is now one of the most important compliance tools, not only for the DOJ prosecutors it’s addressed to, but also for compliance professionals outside government.… Continue Reading
Mexico City-based law firm Litigio Estratégico y Compliance has translated the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act into Spanish. … Continue Reading
One of the least understood aspects of anti-corruption compliance outside the compliance community is that perfection isn’t required. Compliance involves people, and whenever people are involved, things get messy. Compliance professionals know it and so do the feds.… Continue Reading
Within minutes of the FCPA becoming law, lawyers developed two compliance tools that were instantly popular and that companies still use today. Due diligence questionnaires and compliance certifications are short and easy to administer and evaluate.… Continue Reading
