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Understanding Odebrecht: Lessons For Combating Corruption In The Americas

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Recently, the House Foreign Affairs Committee held a hearing titled “Understanding Odebrecht: Lessons for Combating Corruption in the Americas” in reference to the 2016 Foreign Corrupt Practices Act and related enforcement action against Brazil-based Odebrecht and its affiliate Braskem (see here and here for prior posts).

Granted, Congress often holds hearings with aspirational titles, but after watching the hearing I am not sure I came any closer to “understanding” Odebrecht or came away with any “lessons for combating corruption in the Americas.”

Nevertheless, set forth below are a few observations from the hearing.

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Friday Roundup

Roundup

Interesting, from the DOJ’s perspective, pay them more, sanctioned, scrutiny update, exit, and for the reading stack. It’s all here in the Friday roundup.

Interesting

As highlighted here, in December 2016 Odebrecht S.A. (a Brazilian holding company) and Braskem S.A. (a Brazil-based petrochemical company in which Odebrecht owns a majority of voting shares) resolved a large FCPA and related enforcement action largely concerning conduct in Brazil including the companies relationships with Petrobras as well as allegations of improper payments in Angola, Argentina, Brazil, Colombia, Dominican Republic, Ecuador, Guatemala, Mexico, Mozambique, Panama, Peru, and Venezuela.

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A Few FCPA Related Securities Fraud Claims Are Allowed To Proceed

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This recent post highlighted how securities fraud class actions in the aftermath of Foreign Corrupt Practices Act enforcement actions or mere instances of FCPA scrutiny are frequently dismissed.

This remains a true statement, but as highlighted in this post, sometimes a claim or two does advance past the motion to dismiss stage as was recently the case in matters involving Cognizant Technology Solutions and Obebrecht.

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FCPA Flash – A Conversation With Gregory Paw And Sandra Orihuela Regarding The Broader Ramifications Of The Odebrecht Enforcement Action

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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 Gregory Paw (Pepper Hamilton) and Sandra Orihuela (Orihuela Abogados – Lima, Peru and Miami). As highlighted in this prior post, in December 2016 the DOJ and SEC brought (in addition to other law enforcement authorities around the globe) an enforcement action against Brazilian companies Odebrecht/Braskem. In the podcast Paw and Orihuela discuss the broader ramifications of the Odebrecht enforcement in South America and Latin America and compliance trends in these regions in the aftermath of the notable enforcement action.

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Friday Roundup

Roundup

Odebrecht / Braskem settlement amount is significantly trimmed, a form of bribery?, quotable, deficient internal controls, and scrutiny alerts and updates. It’s all here in the Friday roundup.

Odebrecht / Braskem Settlement Amount Significantly Trimmed

There was much false and misleading reporting about the FCPA settlement amount in the December 2016 FCPA enforcement action against Odebrecht / Braskem.

As highlighted in this post, after accounting for various credits and deductions (including for payments to Brazil and Swiss law enforcement agencies and a claimed inability to pay) the net FCPA settlement amount (subject to potential future adjustments) was approximately $420 million. The $420 settlement amount consisted of approximately $260 million in connection with the Odebrecht criminal information and plea agreement; $94.8 million in connection with the Braskem criminal information and plea agreement; and $65 million in connection with the SEC’s related enforcement action against Braskem.

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