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Circling Back On The Ping / Harris Corp. Matter

Harris

This September 15th post regarding the SEC’s enforcement action against Jun Ping Zhang (the former Chairman and CEO of CareFx China, a dissolved Chinese subsidiary of Harris Corp) noted that the SEC, in the Ping Order, found that as a result of Ping’s conduct “Harris violated the FCPA’s books and records provisions.”

Elsewhere, the Order stated that as a result of the alleged improper conduct CareFx was awarded over $9.6 million in contracts.

Accordingly, the prior post wondered whether a future Foreign Corrupt Practices Act enforcement action against Harris Corp. would be forthcoming. Indeed, there have been several examples of the SEC first bringing an FCPA enforcement action against an individual and then following up with an FCPA enforcement action against the company. (For instance, in August 2015 the SEC brought an FCPA enforcement action against Vicente Garcia (a former head of Latin American sales for SAP) followed by SAP enforcement action in February 2016- see here).

It turns out that the answer to the question: will there be an FCPA enforcement action against Harris Corp. is no because in this SEC release issued on September 12th (a day before the September 13th Ping Order) the SEC states:

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Skittish Then, Still Skittish Now

skittish

The more things change, the more things stay the same, including the skittishness of the business community surrounding the Foreign Corrupt Practices Act and related laws and its attendant real-world consequences.

This recent “Global Anti-Corruption Survey” (a survey of 330 “respondents around the world to understand companies’ usage of anti-corruption programs and its impact on business decisions as well as due diligence in practice) contains a litany of responses concerning the 50% (or so) of respondents who, because of “concerns about violating anti-corruption regulations”

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Issues To Consider From The LAN Airlines Enforcement Action

Issues

This previous post went in-depth regarding the $22 million parallel DOJ and SEC enforcement action against LAN Airlines.

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

Defiant

As noted in connection with the prior SEC enforcement action against Ignacio Cueto Plaza, the conduct at issue is notable for several reasons.

First, the problematic conduct was engaged in by an individual currently with the company. The vast majority of FCPA enforcement actions involve the conduct of former employees.

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Mid-Year FCPA Report

mid-year report

This post highlights Foreign Corrupt Practices Act enforcement and related developments at the mid-point of 2016.

In doing so, this post contains several FCPA enforcement statistics. When publishing yearly FCPA enforcement statistics, I remind readers that any statistic with an arbitrary cutoff date is of marginal value. This reminder is even more important when interpreting mid-year 2016 FCPA statistics.

Another reminder, once again various FCPA Inc. participants are engaging in haphazard and creative counting methods that distort FCPA statistics. (See here for the article “A Common Language to Remedy Distorted FCPA Enforcement Statistics”).

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