“Pots of money” need to be created within a business organization to fund a bribery scheme. In the Quad/Graphics enforcement action, a “pot of money” was created through an invoicing scheme as the SEC found in connection with “bribery to secure sales in Peru” that “improper payments were made through four purported third party vendors, which were sham companies owned by the same individual (“Sham Vendors”).
The Department of Justice and the Securities and Exchange Commission are separate law enforcement agencies.
However, in certain areas – including the Foreign Corrupt Practices Act – the law enforcement agencies often work together.
In this recent speech, Attorney General William Barr discussed the DOJ’s cooperation and coordination with the SEC.
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 this FCPA Flash podcast episode former DOJ FCPA Unit prosecutor Samer Korkor discusses the framework for transnational cooperation and multi-jurisdictional resolutions – areas of significant importance to FCPA and other white collar investigations and prosecutions.
Scratch that trial, scrutiny alert, affirmed, follow-up, Braskem-related, and across the pond. It’s all here in the Friday roundup.
Scratch That Trial
One of the FCPA trials scheduled this Fall (see here for the prior post) involved Frank Chatburn. As highlighted here, in April 2018 Frank Roberto Chatburn Ripalda (a dual United States and Ecuadorian citizen) was criminally charged for conspiring with others for making corrupt payments to PetroEcuador officials in order to obtain and retain contracts for Galileo (described as an Ecuadorian company that provided services in the oil and gas industry) from PetroEcuador.
Companies doing business in the global marketplace engage all types of third parties. Generally, Foreign Corrupt Practices Act compliance tends to focus, with good reason, on third parties such as agents, representatives, distributors and others that assist a company in obtaining or retaining business.
However, given the DOJ and SEC’s broad interpretation of that element of the FCPA’s anti-bribery provisions, any third party that has a point of contact with foreign officials – even if outside the context of foreign government procurement – can potentially expose a business organization to scrutiny and enforcement.