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Issues To Consider From The MTS Enforcement Action

Issues

This previous post went in-depth into the recent Foreign Corrupt Practices Act enforcement action against Russia-based MTS for bribing alleged Uzbekistan telecom officials. As highlighted in this prior post, the overall $850 million FCPA settlement amount is the largest in history.

This post continues the analysis by highlighting additional issues to consider.

Timeline

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The Top Ten List Of Corporate FCPA Settlements

top ten

Everybody, it seems, likes “Top Ten” lists.

This post highlights the top ten corporate FCPA settlements of all-time.

It seems odd saying this, but the list (unlike other lists) only includes enforcement actions where the corporate defendant was charged with or found to be in violation of the FCPA’s provisions (not other laws). In addition, the list highlights net FCPA settlement amounts after consistently accounting for (unlike other lists) certain credits or deductions in several enforcement actions involving foreign companies.

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60% Of SEC FCPA Enforcement Actions In Recent Years Do Not Involve Charges Or Findings That An Issuer Violated The Anti-Bribery Provisions

Statistical Analysis

Between 2011 and 2018, the SEC brought 90 corporate Foreign Corrupt Practices Act enforcement actions.

However, only 36 of those actions (40%) involved charges or findings that a company violated the FCPA’s anti-bribery provisions. In other words, the majority of SEC corporate FCPA enforcement actions in recent years “merely” involve books and records and/or internal controls charges or findings.

Strangely, as further highlighted below, several SEC enforcement actions that did not involve civil charges or findings of anti-bribery violations, did involve the DOJ (an agency that enforces the FCPA criminally) bringing criminal anti-bribery charges.

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An FCPA Statistical Feast

Kid in Candy Store

If the Foreign Corrupt Practices Act is an area of your practice or interest, this post may make you feel like a kid in a candy store.

With much rhetoric floating around regarding the FCPA and with many creative and haphazard counting methods employed by certain FCPA Inc. participants, it is instructive to take a look at actual statistics using accurate and consistently applied math.

FCPA Professor has been the place to visit this month for in-depth 2018 FCPA enforcement statistics as well as comparisons to historical statistics. If you missed the daily posts, no worries. This post consolidates in one place the statistics recently published on FCPA Professor.

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This Is Why FCPA Inc. Needs A Common Language

confusion

For years, these pages have highlighted the need for a Foreign Corrupt Practices Act common language as to the basic question of “what is an FCPA enforcement action?” (See hereherehere, here. See here for the article “A Common Language to Remedy Distorted FCPA Enforcement Statistics” which exposes in detailed fashion distorted FCPA enforcement statistics).

As highlighted in the article, the absence of an FCPA common language has numerous negative effects including infecting nearly all FCPA enforcement statistics.

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