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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Bill Steinman
Contributing Editor

Ukraine Enacts Sweeping New Anti-Corruption Legislation

Image courtesy of WikipediaUkraine has revamped its anti-corruption laws. The most significant aspect of the new legislation is the introduction (scheduled for September 2014) of corporate criminal liability for companies whose employees offer or pay bribes, directly or indirectly, to public officials or officers of private companies. 

Liability will attach if the offense was committed “on behalf of” and “in the interest of” the company, which is defined as acts committed with the goal of (a) attempting to obtain improper benefits for the legal entity, (b) creating an environment for the receipt of illegal benefits or (c) avoiding liability (i.e., paying a bribe so that the company can avoid the legal consequences of a misdeed).  

Another important aspect of the new legislation, which will take effect in December 2013, is the introduction of asset forfeiture (termed “special confiscation”) as a penalty for certain corruption offenses.… Continue Reading

IBM discloses broad new DOJ investigation

IBM said in an SEC filing this week that the DOJ has opened an FCPA investigation into transactions in Poland, Argentina, Bangladesh, and Ukraine. ‘The DOJ is also seeking information regarding the company’s global FCPA compliance program and its public sector business,’ IBM said.… Continue Reading