Top Menu

Navigation

Issues To Consider From The KT Corp. Enforcement Action

By on February 28, 2022 in Charitable Contributions, Jurisdiction, KT Corp., KT Corporation, OECD
Issues

This recent post highlighted the $6.3 million Foreign Corrupt Practices Act enforcement action against KT Corp. – a South Korea based telecommunications company with American Depositary Shares registered with the SEC and traded on the New York Stock Exchange.

This post highlights additional issues to consider.

Proper?

In the FCPA’s modern era, much of the largeness of enforcement activity is from enforcement actions against foreign companies from peer OECD Convention countries.

The first corporate FCPA enforcement action of 2022 is another example.

Continue Reading

South Korea’s KT Corp. Resolves $6.3 Million FCPA Enforcement Action

By on February 18, 2022 in 2022 Enforcement Action, Charitable Contributions, Foreign Issuers, Internal Controls, KT Corp., KT Corporation, Political Contributions, SEC Enforcement Action, South Korea, Telecommunications Industry, Vietnam
KT

KT Corporation is a Seoul, South Korea based telecommunications company with American Depositary Shares registered with the SEC and traded on the New York Stock Exchange.

Yesterday, the SEC announced that the company agreed to pay $6.3 million “to resolve charges that it violated the Foreign Corrupt Practices Act by providing improper payments for the benefit of government officials in Korea and Vietnam.”

In summary fashion, this administrative order finds:

Continue Reading

A Look At The French Enforcement Action Against Airbus

By on February 18, 2020 in Airbus, Charitable Contributions, China, Colombia, Doing Business With “Foreign Officials”, Due Diligence, France, Gaining Access to Confidential Documents, Nepal, Russia, Saudi Arabia, South Korea, Third Parties
airbus

Previous posts here and here looked at the U.S. Foreign Corrupt Practices Act enforcement action against Airbus.

This previous post looked at the U.K. Bribery Act enforcement action against Airbus.

This post completes the enforcement trilogy, bylooking at the French enforcement action against Airbus.

Like the prior U.S. and U.K. bribery enforcement action, the French enforcement action against Airbus (see here for the Judicial Public Interest Agreement) focused on the use of business partners in connection with sales or attempted sales in various countries.

Continue Reading

The Underwhelming Walmart Enforcement Action

By on June 25, 2019 in Books and Records, Charitable Contributions, Internal Controls, Permits / Licenses / Customs / Tax, Wal-Mart
Wal-Mart

Last week Walmart resolved its long-standing Foreign Corrupt Practices Act scrutiny by agreeing to pay approximately $283 million to the DOJ/SEC (see here and here for prior posts).

$283 million is $283 million.

However, as highlighted in this post (a post informed by FCPA practice experience including conducting FCPA internal investigations around the world and having read and analyzed every FCPA enforcement action in the 40+ year history of the FCPA), the actual allegations / findings in the enforcement action are truly underwhelming and bear little resemblance to the “bribery” and “corruption” headlines that have been written by various media outlets in recent days.

Continue Reading

Approximately 7.5 Years After Disclosing FCPA Scrutiny, Walmart FINALLY Resolves FCPA Enforcement Action

By on June 21, 2019 in 2019 Enforcement Actions, Anything of Value, Brazil, Charitable Contributions, China, Compliance, DOJ Enforcement Action, Franchise Relationships, India, Internal Controls, Mexico, Permits / Licenses / Customs / Tax, Retail Industry, SEC Enforcement Action, Wal-Mart
Wal-Mart

As highlighted in this prior post, in late 2011 Walmart disclosed that it began “an internal investigation into whether certain matters, including permitting, licensing and inspections, were in compliance” with the FCPA.

So began arguably one of the most high-profile instances of corporate scrutiny in Foreign Corrupt Practices Act. history. The scrutiny FINALLY came to an end yesterday as the DOJ and SEC announced (here and here) a coordinated $282 million enforcement action. As highlighted in this prior post, Walmart disclosed this likely settlement amount in November 2017,  yet it still took approximately 1.5 additional years to formally resolve the matter.

This post summarizes the DOJ and SEC’s enforcement action concerning alleged improper conduct in the following countries: Mexico, Brazil, India and China.  Future posts will explore numerous other issues relevant to the enforcement action.

Continue Reading

Powered by WordPress. Designed by WooThemes