Top Menu

Once Again, Rebooting A Long-Standing FCPA Proposal, This Time In The Aftermath Of A Recent Disclosure By Millicom

proposal

Including the first time I proposed this concept in 2010, this is the seventh time I have written this general post (see hereherehereherehere and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future.

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the enforcement agency publicly state, in a thorough and transparent mannerthe facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

Continue Reading

Once Again, Rebooting A Long-Standing FCPA Proposal, This Time In The Aftermath Of A Recent Disclosure By Teradata

proposal

Including the first time I proposed this concept in 2010, this is the sixth time I have written this general post (see here, here, here, here and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future.

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the enforcement agency publicly state, in a thorough and transparent manner, the facts the company disclosed and why the enforcement agency did not bring an enforcement action based on those facts.

Continue Reading

FCPA Reform And The Olympics

olypmic

This recent Wall Street Journal article titled “A Corporate Giant Lurks Behind the Winter Olympics” chronicles Samsung’s role in the Olympics. According to the article “never before have an Olympics, a host country, and a major company been so closely intertwined” and the article largely focuses on the dual role of Lee Kun-hee “as Chairman of a major Olympic sponsor [Samsung] and an International Olympic Committee member.”

According to the article, Lee (after being released from prison for breach of trust and tax evasion) spent 170 days on 11 separate trips marketing Pyeongchange to IOC voters and that some of the meetings “were arranged with the help of Europe-based Samsung staff and conducted at the company’s local offices.”

Continue Reading

FCPA Enforcement Actions Against Foreign Companies From OECD Convention Peer Countries

Globe

As highlighted in this post, like prior years (see here) much of the largeness of 2017 FCPA enforcement resulted from corporate enforcement actions against foreign companies.

Specifically, of the 13 corporate enforcement actions from 2017, 5 (approximately 40%) were against foreign companies (based in many instances on mere listing of securities on U.S. markets and in a few instances on sparse allegations of a U.S. nexus in furtherance of an alleged bribery scheme). Even more dramatic, of the net $1.13 billion FCPA settlement amounts from 2017 corporate enforcement actions, approximately 90% of this number was from enforcement actions against foreign companies.

Continue Reading

Powered by WordPress. Designed by WooThemes