In the prior post, I described recent FCPA enforcement actions — involving Stryker, Polycom, Microsoft, and Juniper Networks — which show that the SEC is on an ‘internal controls rampage’ involving the way issuers (public companies) establish and manage relationships with third parties, particularly distributors and resellers.… Continue Reading
The Supreme Court today published an opinion that limits the SEC’s ability to use disgorgement without considering and deducting legitimate business expenses, making a significant change to how corporate FCPA settlements will be reached with the agency.… Continue Reading
Over the last two years, the Securities and Exchange Commission has set its sights on distributor and reseller relationships, and excoriated companies that failed to adequately manage and supervise them. The focus on these third-party relationships is part of the agency’s broader application of the FCPA’s internal controls provision in an increasingly aggressive manner.… Continue Reading
Last year, we saw more enforcement actions brought against individuals than ever (up to 34, depending on how you’re counting), and a record number of convictions secured after trial (three). The cost of violating the FCPA continued to skyrocket.… Continue Reading
In this era of heightened FCPA enforcement, it is easy to assume that a red flag signals the end of a relationship with a business intermediary. By my count, 11 of the last 17 FCPA enforcement actions involved bribes funneled to foreign officials through third parties.… Continue Reading
Microsoft Corporation paid the DOJ and SEC $25.3 million Monday to settle FCPA offenses related to its operations in Hungary, Saudi Arabia, Thailand, and Turkey.
A Microsoft subsidiary in Hungary called Microsoft Magyarorszag Kft.… Continue Reading
The Wall Street Journal reported Thursday that the DOJ and SEC are investigating potential bribery and corruption involving the sale of Microsoft products in Hungary.
Microsoft said in a statement to the Journal that it “moved quickly to investigate itself after it became aware of ‘potential wrongdoing’ at its Hungarian operations in 2014.”… Continue Reading
According to the Edelman Trust Barometer, the United States suffered a “Trust Crash” in the past year, reflecting a 37 point loss of trust in four institutions (government, business, media, and NGOs), more than any of the other countries surveyed.… Continue Reading
An aspect of ISO 37001 that makes it such a big topic is that it is marketed as a standard that can be audited and certified.