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A Peek Into The Opaque World Of FCPA Monitorships


Previous posts herehere, and here 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.

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FCPA Inc. Desparately Needs Some Basic Standards


In 2010 I coined the term “FCPA Inc.” as shorthand term used to describe a vibrant, niche industry consisting of numerous market participants and not just lawyers. Regardless of what you think of the term, FCPA Inc. has become part of the FCPA lexicon and it is undisputed that FCPA Inc. is a multi-billion dollar industry.

Yet this niche industry lacks basic standards and the lack of standards causes untold amounts of confusion. My article “A Common Language to Remedy Distorted FCPA Enforcement Statistics” focuses on the lack of standards regarding the basic issue of “what is an FCPA enforcement.”The establishment and acceptance of a common language (and standards) is a sign of maturity in many professions, yet FCPA Inc. also lacks standards for even the most basic task of assembling a list of the Top Ten FCPA Enforcement Actions.

It’s been said that a picture is worth 1,000 words and thus what follows is 3,000 words of visual proof of this troubling dynamic through reference to the recent Telia enforcement action (see here and here for prior posts).

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Friday Roundup


Across the pond, the big picture, ripple, a muddy mess, to FCPA Inc., scrutiny alert, silly and erroneous, misleading, ISO 37001 related, and for the reading stack.

It’s all here in the Friday roundup.

Across the Pond

In this recent speech, David Green (Director of the U.K. Serious Fraud Office) said the U.K. Bribery Act is “regarded as a gold standard internationally” and, as further proof that so-called enforcement competition does exist, he stated:

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The Selling Of FCPA Enforcement Officials Needs To Stop!


This is certainly not the first time these pages have addressed this topic and of all the topics periodically discussed on these pages, this topic has received some of the most positive feedback. As an individual on social media commented the other day when I first highlighted the most recent problematic example:  “These are great points and a substantive and optics concern of many.”

For profit companies that host FCPA conferences are entitled to run their business as they see fit. However, when for profit companies use Foreign Corrupt Practices Act officials at the DOJ, SEC, and FBI like commodities that are then marketed and sold to the public, this is where the line needs to be drawn.

It’s a disgraceful practice and it needs to stop. Moreover public officials need to stop allowing themselves to be used as pawns by for profit companies.

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The Political Contributions Of Various FCPA Commentators

Political fund raising / contributions. A skimmer hat full of bundles of $100 bills and a hat on a money bag on a white background

FCPA commentators often write about the importance of transparency.

The question arises, when FCPA commentators write about topics political in nature including statements about specific political actors, should the commentator disclose their political contributions so that readers can better assess the credibility and objectivity of what the commentator is saying?

This post highlights the publicly available political contributions of various FCPA commentators.

For the record, I’ve never made a political contribution in my life.

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