FCPA Flash Podcast – A Conversation With Philip Rohlik Regarding The Dun & Bradstreet Enforcement Action
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 episode is a conversation with Philip Rohlik (Debevoise & Plimpton) regarding the recent Dun & Bradstreet enforcement action. As highlighted in this previous post, the enforcement action was unremarkable from a settlement amount perspective, yet serves as a microcosm of the many problems with FCPA enforcement and in the podcast Rohlik: questions just what criminal charges the DOJ actually declined and discusses other issues relevant to the so-called declination; discusses the concerning internal controls standard the SEC invoked in the enforcement action; and takes issue with certain commentary regarding the enforcement action.
Friday Roundup
Scrutiny alert, novice FCPA commentary matters, additional charges, survey says, across the pond, and for the reading stack. It’s all here in the Friday roundup.
Scrutiny Alert
Some companies disclose Foreign Corrupt Practices Act very early and then update the disclosure for years. Other companies have different disclosure practices. Global asset management firm Legg Mason Inc. (a company that has not previously disclosed FCPA scrutiny) recently disclosed:
New Article: The Dun & Bradstreet Enforcement Action – A Microcosm Of The Many Problems With FCPA Enforcement
Previous posts here, here and here highlighted the recent FCPA enforcement action against The Dun & Bradstreet Corp.
Bloomberg Law White Collar Crime Report recently published my article titled “The Dun & Bradstreet Enforcement Action – A Microcosm of the Many Problems With FCPA Enforcement.
The article abstract is as follows.
Friday Roundup
“Piling on” roundup, from the docket, across the pond, complete lack of perspective, scrutiny alert, say what, and for the reading stack. It’s all here in the Friday roundup.
“Piling On” Roundup
FCPA Professor has provided the most extensive, real time coverage and commentary of the DOJ’s recent so-called “piling on” policy. See prior posts here, here and here.
The Many Issues To Consider From The Dun & Bradstreet Enforcement Action
Some people simply read FCPA enforcement actions, accept the enforcement theories advanced, record the enforcement statistics, and go about their day.
Not here at FCPA Professor. Just because the FCPA is a fundamentally sound statute, does not mean that FCPA enforcement is necessarily fundamentally sound.
Prior posts here and here went in-depth into the SEC’s $9.2 million Foreign Corrupt Practices Act enforcement action against Dun & Bradstreet based on the conduct of two indirect Chinese subsidiaries from 6 – 12 years ago.
This post continues the analysis by highlighting the many troubling or notable issues to consider from the enforcement action.