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Friday Roundup

August 26, 2016


Checking in on Wal-Mart, DOJ “declinations,” another installment of as we say not as we do, scrutiny alerts, and cashing in. It’s all here in the Friday roundup.


In its recent 2Q FY2017 earnings call presentation Wal-Mart disclosed $28 million in Foreign Corrupt Practices Act and compliance related expenses ($23 million for ongoing investigations and inquiries and $5 million for global compliance program and organizational enhancements). The Q2 expenses of $28 million are higher than the Q1 expenses of $25 million.

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Orthofix International Poised To Join The FCPA “Repeat Offender” Club

August 25, 2016


The recent article “Measuring the Impact of NPAs and DPAs on FCPA Enforcement” highlights that part of the DOJ’s rhetoric surrounding such alternative resolution vehicles is that such agreements “have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe” and that “the result has been, unequivocally, far greater accountability for corporate wrongdoing — and a sea change in corporate compliance efforts.”

However, as highlighted in the article the DOJ’s policy justification for NPAs and DPAs rings hollow as there is no data to suggest that resolving alleged instances of corporate criminal liability through NPAs or DPAs achieves any meaningful deterrence.

As further highlighted in the article through reference to specific companies, despite the DOJ’s statement that companies resolving enforcement actions through NPAs or DPAs have “undergone dramatic changes,” several companies that resolved FCPA enforcement actions through alternative resolution vehicles have subsequently resolved additional FCPA enforcement actions or become the subject of additional FCPA scrutiny.

Recent posts here and here have chronicled how Biomet (a company that resolved a prior FCPA enforcement via a DPA) is soon to join the inauspicious “FCPA Repeat Offender” club and this post highlights how Orthofix International (another company that resolved a prior FCPA enforcement action via a DPA) is also poised to join the club.

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The DOJ’s Latest Position Regarding The Siemens Monitor Report Is Laughable

August 24, 2016


Rather than just prosecuting alleged Foreign Corrupt Practices Act violations, the Department of Justice (presumably) wants business organizations to adopt compliance best practices.

In resolving the record-setting Siemens FCPA enforcement, the DOJ complimented Siemens on its remedial measures, stating in this sentencing memorandum that the company “set a high standard for multi-national companies to follow.”

Yet, in a recent filing in a case seeking release of the Siemens monitor report, the DOJ advances a laughable position.

That position – as articulated by the DOJ in seeking to block release of the monitor report – is that “disclosure of confidential information about Siemens’ compliance programs would provide a free roadmap as to what works in international commerce without violating the FCPA and other anti-corruption laws, what activities to avoid, how build an effective compliance program and system of internal controls, etc.”

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FCPA Flash Podcast – Another Way To Elevate Your FCPA Knowledge

August 23, 2016

FCPA Flash

FCPA Professor is all about elevating Foreign Corrupt Practices Act knowledge and practical skills.

Yesterday’s post highlighted an FCPA reading list and this post highlights an FCPA listening list.

Since its launch in February 2016, the FCPA Flash podcast has provided in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from the written posts on FCPA Professor.

FCPA Flash is sponsored by the Red Flag Group and has quickly become a leading FCPA podcast with thousands listening to the episodes which feature conversations on a range of topics with leading FCPA practitioners and professionals. If you missed the twice-a-month episodes, no worries as this post links to the episodes so that you can further elevate your FCPA knowledge and practical skills.

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A Dog Days Of Summer FCPA Reading List

August 22, 2016

dog days

The dog days of summer.

The heat and humidity may limit certain of your activities, but provide an opportune time to elevate your Foreign Corrupt Practices Act knowledge and practical skills.

Whether you find yourself at the pool or the beach, in the backyard, or in the office waiting for the billable work to return in earnest after the Labor Day holiday, this post provides an overview of FCPA writings that can help you elevate your Foreign Corrupt Practices Act knowledge, sophistication, and practical skills.

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