A component of Foreign Corrupt Practices Act compliance is for a business organization to communicate its unique risks and its specific policies and procedures throughout its organization in a way that resonates with the intended audience.
In short, effective communication is a key factor in minimizing risk under the FCPA and related laws.
Yet, as highlighted by this business conduct policy of supermarket chain Schnucks, business organizations can fall short in this regard.
Fear based marketing, not a victim, dismissed, and for the reading stack.
It’s all here in the Friday roundup.
Fear Based Marketing
Another example of lawyers trying to market the COVID-19 situation by asserting that “the novel and exigent circumstances brought on by the pandemic significantly increase companies’ risk exposure under the Foreign Corrupt Practices Act and global anti-bribery laws.”
The piece even uses the personal protective equipment hypothetical that not even top DOJ officials seemed to be concerned about. (See here).
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 podcast episode is a conversation with Matthew Miner (Morgan Lewis – who recently served as DOJ Deputy Assistant Attorney General in the Criminal Division). While at the DOJ, Miner helped to develop various DOJ policy documents including its “inability to pay” guidance (see here), the FCPA Corporate Enforcement Policy (see here), and the Evaluation of Corporate Compliance Programs (see here). During the podcast, Miner discusses how these various DOJ policies are likely to be interpreted during the COVID-19 crisis.
Scrutiny alert, investor wants answers, sentenced, to Bribery Act Inc., compliance, and for the reading stack.
It’s all here in the Friday roundup.
Scrutiny Alert
Raytheon recently disclosed:
Listening in, guilty plea, marketing the opaque, and machine learning. It’s all here in the Friday roundup.
Listening In
During a recent investor conference call, Cardinal Health executives were discussing how the company continues to evaluate which countries they should be in because “there’s a lot of hidden cost when you’re in a country.”
Company CEO Michael Kaufmann stated:
