Corruption can no longer be addressed as a legalistic or compliance issue by executives and directors. Nor is it enough to regard it as an ethical issue. Righteousness is not and will never be a guarantee for directors and executives.… Continue Reading
2017 proved to be a blockbuster year for the FCPA and anti-bribery and corruption (ABC) enforcement at large.
From sustained record levels of enforcement (some 11 penalties levied, totaling $1.92 billion; the second largest year on record) to significant developments via the newly announced FCPA Corporate Enforcement Policy by the Department of Justice in late November, businesses are on notice that this remains a significant regulatory priority.… Continue Reading
The arrest of Hong Kong’s former home secretary, Patrick Ho, and a co-defendant for allegedly bribing Africa officials on behalf of a Chinese energy company, has triggered accusations that America uses FCPA enforcement to promote a political agenda.… Continue Reading
The White House yesterday released a national security paper defining U.S. interests and affirming the fight against corruption as a cornerstone of American foreign policy.
At a recent ubiquitous FCPA conference, Assistant Attorney General Leslie Caldwell noted that even more resources would be added to the Fraud Section’s FCPA Unit, increasing the number of prosecutors by 50% from 20 to 30 trial attorneys, making this specialty unit larger than the entire white collar sections of most United States Attorneys’ Offices nationwide.… Continue Reading
The NSS is important. It sets the agenda for the executive branch of the government — the DOJ and SEC, the State Department, the Commerce Department, the Treasury Department, and so on — and it signals foreign policy priorities to Congress.… Continue Reading
A prominent NGO in Nigeria recently asked the SEC’s Enforcement Division to establish a process enabling foreign government entities victimized by FCPA violations, on a case-by-case basis, to apply for some or all of the civil penalties and disgorgement proceeds companies agree to pay to settle SEC investigations.… Continue Reading