Top Menu

“Compliance Officer” / Dad

June 18, 2018

Yesterday was Father’s Day.

With twin 10-year old boys, 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 and to be sure being a Dad has informed my view of many things including compliance. When you really think about, compliance and parenting have a lot in common.

Continue Reading

This Week On FCPA Professor

June 16, 2018

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.

The DOJ has long wanted companies to voluntarily disclose conduct that implicates the Foreign Corrupt Practices Act. Why then does the DOJ continually make decisions that should result in any board member, audit committee member, or general counsel informed of current event not making the decision to voluntarily disclose? As highlighted in this post, in the recent Societe Generale enforcement action, the DOJ once again shot itself in the foot.

Continue Reading

Checking In On The Siemens Monitor Case – Court Rules That The DOJ’s Withholding Of Certain Relevant Documents Is Overbroad And That Other Claimed FOIA Exemptions Are Inapplicable

June 15, 2018

Previous posts herehere, here, and here have highlighted the DOJ’s efforts (along with Siemens and its monitor) to block public release of the Monitor reports provided to the DOJ in connection with resolution of the still record-setting 2008 Siemens FCPA enforcement action.

From the beginning, I’ve had my own suspicion as to why the DOJ (and other parties) are actively seeking to block release of the Monitor reports and it has nothing to do with the issues discussed in the DOJ’s (and other parties) briefs.

In any event, in this recent 60 page opinion, Judge Rudolph Contreras (D.D.C.) ruled that the DOJ’s withholding of certain relevant documents is overbroad and that other claimed Freedom of Information Act exemptions are inapplicable.

Continue Reading

What’s Up With The Credit Suisse “Enforcement Action”?

June 14, 2018

If a tree falls in a forest and no one is around to hear it, does it make a sound?

The FCPA version of this is: if a company announces an FCPA enforcement action, yet the DOJ/SEC are silent about it, and no document relevant to the enforcement action is in the public domain, has there been an enforcement action?

Perhaps one day the Credit Suisse enforcement action will be formally announced and resolution documents publicly released, but in the meantime, as highlighted below, there is a mystery as to what is going on.

Continue Reading

FCPA Challenge

June 14, 2018

How much do you know about the Foreign Corrupt Practices Act? Let’s find out.

To commemorate the FCPA’s 40th year, FCPA Professor is presenting the FCPA Challenge.

Each Thursday during 2018, a question will be posed and the answer will be below the fold.

This week’s question is: in 2016, this company became the first Canadian company to resolve an FCPA enforcement action?

Continue Reading