Akamai Technologies Archives

And The Apple Goes To …

By Mike Koehler on August 8, 2016 in Akamai Technologies, Apple Award, Declination Decisions, Johnson Controls, Nortek Inc.

Debevoise & Plimpton’s FCPA Update is consistently one of the best periodic Foreign Corrupt Practices Act publications around.

The most recent issue contains a dandy article by Andrew Levine, Bruce Yannett, Philip Rohlik which focuses on the DOJ’s recent so-called declinations.

For not believing the hype regarding the DOJ’s so-called declinations – as several FCPA commentators have – but rather analyzing the salient question posed by the so-called “declinations,” the Debevoise authors are awarded the FCPA Apple Award which recognizes informed, candid, and fresh thought-leadership on the Foreign Corrupt Practices Act or related topics.

Blowing The Whistle On Recent Commentary

By Mike Koehler on July 29, 2016 in Akamai Technologies, Declination Decisions, Johnson Controls, Nortek Inc.

Pardon me for being that guy, but in the Foreign Corrupt Practices Act space someone needs to put on the stripes every now and then and blow the whistle.

This post does just that regarding certain recent “declination” commentary including the recent Johnson Controls enforcement action. For prior posts on the DOJ’s recent so-called “declinations” in the Nortek and Akamai see this post titled “Dont’ Believe the Hype, Rather Ask What Viable Criminal Charges Did the DOJ Actually Decline.” For prior posts on the Johnson Controls enforcement action see here, here, and here.

Friday Roundup

By Mike Koehler on July 15, 2016 in 2016 Enforcement Actions, Akamai Technologies, Angola, Apple, Asset Recovery, Cambodia, Canon, Deferred Prosecution Agreements, Dirk Juergensen, F.H. Bertling Ltd, FCPA Inc., FCPA Sentences, Giuseppe Morreale, Grupo Televisa, James McClung, Joerg Blumberg, LG Electronics, Marc Schweiger, Non-Prosecution Agreement, Nortek Inc., Olympus, Peter Ferdinand, Ralf Peterson, Repeat Offenders, Richard Hirsch, Serious Fraud Office, Stephen Emler, United Kingdom

Scrutiny alerts and updates, sentenced, asset recovery, to FCPA Inc., across the pond, quotable and for the reading stack.

It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Grupo Televisa

This Wall Street Journal article concerns Grupo Televisa SAB, a Mexican broadcaster with shares traded on the NYSE. According to the article:

It Is Pure Speculation To Say That Nortek / Akamai Benefited Or Received An Excellent Result From Its Disclosure

By Mike Koehler on June 14, 2016 in Akamai Technologies, DOJ FCPA “Pilot Program”, Nortek Inc., Voluntary Disclosure

Several law firm client alerts and commentary about last week’s Nortek and Akamai Technologies enforcement actions are carrying forward the conventional wisdom that the companies benefited from their voluntary disclosure and cooperation because the SEC resolved the matters via non-prosecution agreements and the DOJ “declined” to prosecute. Taking it a stop further, this commentator asserts that “these enforcement actions resulted in excellent results for both companies.”

However, it is pure speculation to say that Nortek or Akamai benefited or that the enforcement actions resulted in excellent results for the companies.

To state the obvious, in the Nortek and Akamai enforcement actions (as well as other enforcement actions which originate from voluntary disclosures) we know what we know and we don’t know what we don’t know.

What we don’t know is what would have happened if Nortek and Akamai did not disclose its internal findings of possible FCPA issues to the SEC and DOJ.

Issues to Consider From The Nortek And Akamai Technologies Enforcement Actions

By Mike Koehler on June 13, 2016 in Akamai Technologies, Disgorgement, Gray Cloud, Internal Controls, Nortek Inc., Root Causes

Previous posts here and here highlighted the SEC’s recent Foreign Corrupt Practices Act enforcement actions against Nortek and Akamai Technologies.

This previous post highlighted the DOJ’s so-called “declination” letters and posed the salient question – what viable criminal charges did the DOJ actually “decline”?

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

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And The Apple Goes To …

Blowing The Whistle On Recent Commentary

Friday Roundup

It Is Pure Speculation To Say That Nortek / Akamai Benefited Or Received An Excellent Result From Its Disclosure

Issues to Consider From The Nortek And Akamai Technologies Enforcement Actions

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