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In an ideal world, the criminal justice system should be immune from politics. That is wishful but unrealistic thinking. Unfortunately, our criminal justice system has always been stretched at times to further one political agenda over another. That is not meant to condemn the entire judicial system, just what I
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The FCPA has broad international application. That does not mean that the United States has authority over every individual on the planet Earth. In order to establish jurisdiction over a foreign agent of a U.S. company or non-U.S. issuer, a foreign entity must commit an act in
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The fear factor for FCPA enforcement is a criminal case brought by the Justice Department and a parallel civil case brought by the SEC. In the last few years, collateral litigation filed by shareholders has increased against companies who are alleged to have violated the FCPA. The FCPA does not
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Last week I spoke with Rob Levey from Catelas, a quality provider of organizational analysis, compliance and internal investigation software and services. Rob has posted the interview on the Catelas Blog -- here is a link to his post and the interview. Hope you find it informative. * http://wp.me/p1SP9H-
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The idea of wiretaps in corporate board rooms sends shivers down every director’s spine. It should. The Justice Department no longer views white collar crime as different than organized crime, gangs or drug trafficking. What that means from a practical standpoint is that federal agents are using the same
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As part of my New Year’s celebration, I thought it would be good to outline some predictions for FCPA events and trends in 2012. The Justice Department’s FCPA enforcement program will continue. The business community will complain about DOJ’s policies. There will be no significant changes in
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Under the FCPA, public companies are required to maintain accurate books and records and an effective system of internal controls. Enforcement and compliance efforts focus more on anti-bribery issues than books and records and internal controls. If bribery occurs, a books and records violation will occur. Books and records
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The most common refrain in compliance parlance is “tone-at-the-top.” It may be overused. Where the rubber meets the road for every compliance program is in the risk assessment. Howard Sklar had a recent post on the subject emphasizing the importance of a continuous risk assessment. He was
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The hot selling topic these days is anti-corruption compliance. All the usual buzzwords are floated around with anti-corruption compliance – risk assessments, financial controls, corporate integrity, training and communication and tone-at-the top. The compliance community, however, is not doing its job. They are focusing on too narrow
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Let’s be honest. Was anyone really surprised by the recent focus on anti-corruption compliance for global retail operations? A number of us in the FCPA cottage industry have been commenting on the risks. It does not take a rocket scientist to figure out why and how this came
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When does a public company have to disclose a government investigation or inquiry of a potential FCPA violation? Like many other FCPA issues – there is no clear cut answer. We are back to Justice Potter Stewart's solution – “I know it when I see it.” It seems that some
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Just to join the bandwagon of end of the year retrospectives, I thought I would put together a top-10 list for FCPA events. Many have called 2011 the year of the trial. I am not sure that captures it all so accurately. I think it is too narrow a