I’m not defending what Novartis did or trying to find an excuse for the company. It violated the FCPA, and (along with a former subsidiary) paid nearly $347 million in penalties and disgorgement to resolve the offenses.… Continue Reading
Among the weird facts about the FCPA is who can decide to launch a criminal investigation or bring an enforcement action, and which government lawyers along the way will do the heavy lifting.… Continue Reading
A Florida businessman who cooperated with the DOJ after pleading guilty to conspiracy to violate the Foreign Corrupt Practices Act now faces more than three years in prison.
Lawrence W. Parker Jr.… Continue Reading
The New York Times reports that U.S. prosecutors have issued grand jury subpoenas in what appears to be an expansive investigation of corruption in international soccer, track and field, and the Olympic Games.… Continue Reading
Satisfying offset obligations is hard. Readers will recall that offsets are financial obligations imposed on defense contractors by foreign government customers as a condition to defense procurements.
For every dollar of financial benefit the defense contractor creates in the country in question, it is given credit towards satisfying its obligation. … Continue Reading
The curious case of Bosnia and Herzegovina’s government structure is a direct product of U.S. involvement in the Dayton Peace Agreement which ended the war there in 1995.
The former general manager of a Miami-based firm pleaded guilty Wednesday to violating the Foreign Corrupt Practices Act by conspiring to pay $3 million in bribes to win a contract from Haiti’s state-owned telecommunications company.… Continue Reading
The Pennsylvania-based consultant who bribed an officer at the European Bank for Reconstruction and Development was sentenced in 60 months in prison Tuesday for violating the Foreign Corrupt Practices Act.
Doing business in countries perceived to be high risk for corruption and FCPA compliance issues (and unhappily my country Nigeria sits squarely within that category) requires a clear picture of who your local partners are, and whether associating with them represents any sort of risk to you from a compliance perspective.… Continue Reading
As mentioned in my post last week, one way the DOJ determines if a company has performed the required anti-corruption due diligence when acquiring an entity is looking at whether the new entity was promptly incorporated into the acquiring company’s internal controls, including its compliance program.… Continue Reading
One of the threshold questions for a company considering the engagement of a government official is whether the engagement is needed for legitimate purposes. If the company cannot articulate an adequate and appropriate business justification, there is a risk that the engagement may be sought or undertaken for a corrupt purpose.… Continue Reading