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What Should Happen When Compliance Is Ignored?

questions to ask

The recent Barclays Foreign Corrupt Practices Act enforcement action was based on alleged improper internship and hiring practices (see here and here for prior posts).

In the enforcement action, the SEC acknowledged that the company had several compliance policies and procedures to mitigate risk in this area.

For instance, the SEC stated: “Barclays promulgated anti-bribery and corruption policies that included prohibitions on providing employment in exchange for business.”

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Friday Roundup

Roundup

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.

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DOJ Deputy Assistant Attorney General Miner On “The Two Primary Goals Of White Collar Criminal Enforcement” (With Commentary)

miner

It’s mid-September which means a few things: the days are getting shorter, the trees are beginning to show color, and DOJ and SEC enforcement officials are on the speaking circuit.

Earlier this week it was SEC Chairman Jay Clayton (see here for the prior post) and yesterday it was DOJ Deputy Assistant Attorney General Matthew Miner who spoke on the two primary goals of white collar criminal enforcement: “(1) to deter legally non-compliant behavior and punish it where it does occur; and (2) to encourage greater compliant behavior, including creating a more level playing field for those who play by the rules.”

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FCPA Flash Podcast – A Conversation With Lucinda Low

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Lucinda Low (Steptoe & Johnson). During the podcast, the experienced FCPA practitioner: (i) provides an assessment of 2019 FCPA enforcement; (ii) discusses the long time periods associated with FCPA scrutiny; (iii) explores the broadness of FCPA enforcement specifically the FCPA’s accounting provisions; and (iv) highlights why she believes the FCPA should be amended to include a compliance defense.

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Deputy AG Rosenstein On ….

rosenstein

Recently outgoing Deputy Attorney General Rod Rosenstein delivered this speech to a university audience. Like many of Rosenstein’s prior speeches highlighted on these pages, the speech was a pleasure to read for its general advice.

For instance, Rosenstein stated: “Today, you are relentlessly bombarded with information, much of it of unknown reliability. The internet lets people share their most ignorant thoughts. Many news stories rely on anonymous sources, without providing details to assess their credibility and bias. Some critics worry that our society will be unable to distinguish fact from opinion, and truth from fiction.”

Perhaps Rosenstein was talking about certain FCPA commentary? (See here, here and here for instance).

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