Corporate subsidiaries only act on someone else’s say so. The drafters of the FCPA knew that, and that’s why the FCPA prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official for an improper purpose.… Continue Reading
Posts Tagged: Keppel FELS
Beginning in 2008, when Siemens resolved its mega-FCPA case for $800 million, December has been a month of FCPA fireworks.… Continue Reading
The DOJ and SEC published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act Friday, updating for the first time the best government-produced FCPA guidance.… Continue Reading
The DOJ’s new guidance for evaluating corporate compliance programs put the spotlight on organizational justice, or what we might simply call fairness.… Continue Reading
During most interviews, I’m asked this question or something like it: More companies than ever have compliance programs. Yet huge scandals keep making headlines. What gives?
To be fair, there’s plenty of evidence that compliance has failed: Volkswagen cheated on diesel emissions tests.… Continue Reading
When I started blogging in 2014, there was little discussion about how issues like financial pressures and “micro-cultures” could impact decision making that can lead us astray.
Now, though, the OECD has published an engaging work, Behavioral Insights for Public Integrity, Harnessing the Human Factor to Counter Corruption, focusing on the interaction between policy making and integrity.… Continue Reading
On May 9 the DOJ announced a new policy concerning the coordination of penalties imposed by more than one regulator or law enforcement authority in corporate resolutions.
This new policy (pdf) against “piling on” requires DOJ attorneys to “coordinate with one another to avoid the unnecessary imposition of duplicative fines, penalties, and/or forfeiture against [a] company,” and further instructs DOJ personnel to “endeavor, as appropriate, to .… Continue Reading
Singapore is the latest country to introduce legislation creating a deferred prosecution agreement (DPA) framework for scheduled crimes, potentially including corruption. The Singaporean parliament approved the new law in March as part of a wider package of reforms in the Criminal Justice Reform Act.… Continue Reading