FCPA Inc. Archives - Page 4 of 37

This Is Why FCPA Inc. Needs A Common Language

By Mike Koehler on February 1, 2021 in FCPA Inc., Year in Review 2020

For years, these pages have highlighted the need for a Foreign Corrupt Practices Act common language as to the basic question of “what is an FCPA enforcement action?” (See here, here, here, here).

This article titled “A Common Language to Remedy Distorted FCPA Enforcement Statistics” exposes in detailed fashion various distorted FCPA enforcement statistics. As highlighted in the article, the absence of a FCPA common language has numerous negative effects including infecting nearly all FCPA enforcement statistics.

It Is Absolute BullSh*t To Assert That “Companies Are Now Paying An Average Of Half A Billion Dollars To Settle FCPA Enforcement Actions”

By Mike Koehler on January 13, 2021 in FCPA Inc., FCPA Statistics

This FCPA Blog post asserts “Companies are now paying an average of half a billion dollars to settle FCPA enforcement actions.”

This is absolute bullsh*t.

More FCPA fake news.

Set forth below are the actual FCPA settlement amounts from 2020 corporate enforcement actions.

Potpourri

By Mike Koehler on August 13, 2020 in Biomet, Books and Records, FCPA Inc., FCPA Sentences, Internal Controls, KBR, Media Reporting, Media Reporting About the FCPA, Monitor, Zwi Skornicki

Deficient FCPA Reporting

In this New York Times article, journalists once again demonstrate their deficient FCPA knowledge. In reference to Microsoft’s possible purchase of TikTok and the potential of the U.S. Treasury receiving a portion of the sale, the article states: “In essence, the president is promising to orchestrate the kind of pay-to-play bounty that the United States prohibits companies from making to governments of other countries under the Foreign Corrupt Practices Act.”

However, the FCPA does not prohibit business organizations from providing things of value to foreign governments – just foreign officials. As stated in the U.S. government FCPA Guidance “”The FCPA prohibits payments to foreign officials, not to foreign governments.”

The Selling Of Enforcement Officials Needs To Stop – For Profit Conference Firm Now Offering Virtual Access To DOJ And SEC Enforcement Officials

By Mike Koehler on June 9, 2020 in FCPA Inc.

This is certainly not the first time these pages have addressed this topic and of all the topics periodically discussed on these pages, this topic has received some of the most positive feedback.

For profit companies that host FCPA conferences are entitled to run their business as they see fit. However, when for profit companies use enforcement officials at the DOJ and SEC like commodities that are then marketed and sold to the public, this is where the line needs to be drawn.

It’s a disgraceful practice and it needs to stop. Moreover public officials need to stop allowing themselves to be used as pawns by for profit companies.

A common marketing device the conference companies use in hopes of driving attendance to their paid events is by touting the public officials who will speak at the event. With the current COVID-19 environment, large in-person events are not possible. Yet as highlighted below, a for profit conference firm is now marketing “virtual” access to our public officials to drive virtual attendance to their paid event.

Friday Roundup

By Mike Koehler on May 29, 2020 in Compliance, COVID-19, FCPA Inc., Rolls-Royce, Victims

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).

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This Is Why FCPA Inc. Needs A Common Language

It Is Absolute BullSh*t To Assert That “Companies Are Now Paying An Average Of Half A Billion Dollars To Settle FCPA Enforcement Actions”

Potpourri

The Selling Of Enforcement Officials Needs To Stop – For Profit Conference Firm Now Offering Virtual Access To DOJ And SEC Enforcement Officials

Friday Roundup

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