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Issues To Consider From The Rio Tinto And Flutter International Enforcement Actions

By on March 15, 2023 in Compliance, Flutter International, Gray Cloud, Lobbying, Rio Tinto, Third Parties
Issues

Previous posts here and here discussed the $15 million FCPA enforcement action against Rio Tinto and the $4 million FCPA enforcement action against Flutter International.

This post highlights additional issues to consider.

Interesting

While one would like to think that FCPA enforcement actions “just happen” when they are ready to happen, certain FCPA enforcement actions are seemingly timed to coincide with a company’s reporting cycle, government enforcement “marketing,” or other issues.

Separate FCPA enforcement actions announced on the same day are rare.

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Deputy Assistant AG Monaco On …

By on March 13, 2023 in Compliance, Compliance Defense, DOJ, Enforcement Agency Policy, Enforcement Agency Speeches, Executive Compensation, Voluntary Disclosure
Monaco

Recently Deputy Attorney General Lisa Monaco delivered this speech at the American Bar Association National Institute on White Collar Crime.

Topics discussed included: “inspiring a culture of compliance,” “promoting compliance through compensation and clawback programs,” and “accountability.”

Monaco began her speech as follows:

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Issues To Consider From The Honeywell Enforcement Action

By on December 22, 2022 in Compliance, Gray Cloud, Honeywell, Statute of Limitations
Issues

As highlighted in this post, Honeywell recently resolved a net $82 million Foreign Corrupt Practices Act enforcement action concerning conduct in Brazil and Algeria.

This post highlights additional issues to consider.

Timeline

As highlighted in this prior post, in mid-2019 Honeywell disclosed that it was cooperating with the DOJ/SEC and Brazilian law enforcement investigations relating to its use of third parties in relation to Petrobras (Brazil) business as well as a matter involving a foreign subsidiary’s prior engagement of Unaoil in Algeria.

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Glencore … In Its Own Words

By on November 16, 2022 in Compliance, Cooperation, FCPA Inc., Foreign Evidence Issues, Glencore, Internal Investigation Issues
justsaying

As highlighted here, in May 2022 Glencore (a commodities company incorporated in the United Kingdom and headquartered in Switzerland) resolved a net $443 million FCPA enforcement action.

According to the DOJ: “From at least in or about 2007 up to and including in or about 2018, Glencore, through certain of its employees and agents, while acting on behalf of Glencore, together with its co-conspirators, knowingly and willfully conspired and agreed with others to corruptly provide more than $100 million in payments and other things of value to various intermediaries with the intent that a significant portion of these payments would be used to pay bribes to and for the benefit of foreign officials to secure an improper advantage and to influence those foreign officials in order to obtain or retain business in Nigeria, Cameroon, Ivory Coast, Equatorial Guinea, Brazil, Venezuela, and the Democratic Republic of Congo.”

A recent sentencing submission by Glencore makes for an interesting read.

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One Big Word Salad

By on September 2, 2022 in Compliance, Enforcement Action Certification Requirements, FCPA Inc., Monitor
WordSalad

Former DOJ “compliance counsel” Hui Chen (currently a consultant at Ropes & Gray’s Insight Lab) was recently interviewed by Corporate Crime Reporter (CCR) on the state of corporate compliance.

Chen’s responses were generally one big word salad.

In and of itself, who really cares.

However, what makes Chen’s responses ironic is that while serving as DOJ “compliance counsel” she (rightfully) criticized the compliance community for the “lack of precision and intellectual rigor” in much compliance writing and commentary (see here for the prior post).

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