Earlier this year the Treasury Department’s Office of Foreign Assets Control published A Framework for OFAC Compliance Commitments. It describes essential components of a sanctions compliance program (management commitment, risk assessment, internal controls, testing and auditing, and training).… Continue Reading
The best primary source material for creating and maintaining an anti-corruption compliance program is still Chapter 8 of the U.S. Federal Sentencing Guidelines.
It describes the elements of an “effective compliance program” — a legal term of art with the specific meaning assigned to it by the Sentencing Guidelines.… Continue Reading
Peru welcomed the new year by enacting into force Law 30424, which introduces corporate criminal liability applicable to bribery.
Peruvian law now recognizes the independent criminal liability of a legal person for local and foreign bribery, imposing sanctions ranging from fines, debarment from government contracting to dissolution of the legal entity.… Continue Reading
Privately-held Lindsey Manufacturing is the only corporation to ever face a full jury trial for alleged FCPA offenses.
It lost at trial but eventually won a dismissal because of prosecutorial misconduct.… Continue Reading
President Elect Trump’s pick to lead the SEC is Jay Clayton. He wrote in a 2011 NYC Bar Association paper about the FCPA. The paper addressed the “lasting harm to the competitiveness of U.S.… Continue Reading
The problem, he said, is that deferred- and non-prosecution agreements, however useful they may be, coupled with respondeat superior, increase prosecutors’ leverage over corporations.… Continue Reading
Last week, the British Labour Party, the main opposition party, published a policy review called ‘Tackling Serious Fraud and White Collar Crime.’
As might be expected, the review throws a number of political punches, in particular, the government’s recent proposals to cut red tape for business, by exempting facilitation payments, and the lack of resources for financial crime enforcement agencies.… Continue Reading
The criminal liability of corporations is an essential part of the fight against foreign bribery. Yet not every legal system views this area of law in the same way, and not everyone agrees on the best approach.… Continue Reading
An article in the National Review Friday slammed the FCPA and the DOJ’s enforcement of it.
And it cast Wal-Mart as a victim of an unclear law, forced to pay at least $100 million so far for an unnecessary internal investigation, and potentially on the hook for much more because of what it called facilitating payments to low-level bureaucrats in Mexico.… Continue Reading
The DOJ and SEC today released a 120-page FCPA resource guide.
It’s available in pdf here.
The foreword, signed today by the DOJ’s Lanny Breuer and the SEC’s Robert Khuzami, says:
… Continue Reading
The Guide is an unprecedented undertaking by DOJ and SEC to provide the public with detailed information about our FCPA enforcement approach and priorities.