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Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of hundreds of professionals from around the world. In the current COVID environment, the traditional two-day, in-person FCPA Institute is not possible. However, there remains a need for FCPA knowledge and skill development and thus I am pleased to offer the FCPA Institute – Zoom on November 10-12. The FCPA Institute – Zoom will consist of 9 hours of integrated…
[Just when you think 2020 can’t get any more strange, there were no SEC FCPA enforcement actions during the final days of September. Why is this strange? Because as highlighted in this prior post, approximately 15% of SEC FCPA enforcement actions in recent years have occurred during the last week of September. This was the first year since 2014 that there was not an SEC FCPA enforcement action in the final days prior to…
In response to COVID-19, in May 2020 President Trump signed Executive Order 13924 titled “Regulatory Relief to Support Economic Recovery.” Section 1 stated in pertinent part: “it is the policy of the United States to combat the economic consequences of COVID-19 with the same vigor and resourcefulness with which the fight against COVID-19 itself has been waged.” Among other things, Executive Departments and Agencies (such as the Securities and Exchange Commission) were directed to commit…
Granted football this Fall may not be as widespread as previous years because of COVID. However, games have begun and for Foreign Corrupt Practices Act (and related) professionals, understanding the game is not just a professional diversion, but one that can actually add professional value as well. The reason is because understanding what makes a football organization successful can also inform FCPA compliance in a business organization. In the spirit of the season, my article…
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions are bad or unethical companies. It is a tempting position to take. After all, the FCPA is about bribery and…
In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions are bad or unethical companies. It is a tempting position to take. After all, the FCPA is about bribery and corruption. However, it is a wrong position to take in many (but certainly not all) instances. It surprises most people to learn that a company with pre-existing FCPA compliance policies and procedures – and a company otherwise making good faith efforts to comply…
This post highlights Foreign Corrupt Practices Act enforcement and related developments at the mid-point of 2020. As highlighted below, in four core corporate enforcement actions, the government has secured $674 million. None of the enforcement actions have resulted in any related charges against company employees. For a similar post at the mid-point of 2019 see here, for 2018 see here, for 2017 see here, and for 2016 see here. This post…
This post provides a summary of Foreign Corrupt Practices Act enforcement activity and related developments from the second quarter of 2020. For a similar post from Q1 2020, see here. In many respects, the second quarter of 2020 was likely the most unique quarter in FCPA history given the impacts of COVID-19. DOJ Enforcement (Corporate) The DOJ brought one corporate FCPA enforcement action in the second quarter. DOJ recovery in this action was approximately…
Yesterday was Father’s Day and the picture is of me and my twin 12-year old boys and my Dad. Father is just one of my titles. Referee and Compliance Officer being a few others. As to the later, Co-Compliance Officer along with my wife is the more accurate title (I wonder what the “Compliance 2.0” [or are we on to 3.0 now] folks would say about this structure)? Father’s Day is a chance to reflect…
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. In light of the substantial charitable needs as a result of the COVID-19 environment, this post discusses the charitable donation that did not occur. As highlighted in this post, Ng Lap Seng is seeking Supreme Court…