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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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Like Prior Years, The Gray Cloud Of FCPA Scrutiny Lasted Too Long In 2022

By on January 4, 2023 in Gray Cloud, Year in Review 2022
Gray Cloud

This recent post highlighted the origins of corporate Foreign Corrupt Practices Act enforcement actions in 2022.

Continuing with the 2022 FCPA statistical feast, this post follows the chronology of scrutiny to enforcement and highlights one of the most troubling policy issues when it comes to FCPA enforcement.

That is – FCPA scrutiny simply lasts too long. Specifically, as highlighted below, 4.5 years was the approximate median length of time companies that resolved FCPA enforcement actions in 2022 were under scrutiny.

Before highlighting the statistics, some general background.

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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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Issues To Consider From The ABB Enforcement Action

By on December 14, 2022 in ABB, DOJ “Piling On” Policy, Gray Cloud, Root Causes, Voluntary Disclosure
Issues

This recent post highlighted the net $147.5 million Foreign Corrupt Practices Act enforcement action against ABB concerning conduct in South Africa. In resolving the matter, ABB became the first company to resolve three separate FCPA enforcement actions. (See here).

This post highlights additional issues to consider from the enforcement action.

Timeline

As highlighted in this prior post, in early 2017 it was reported that “ABB  said it was cooperating with anti-fraud authorities in the United States and Britain and had reported past dealings with Monaco-based engineering and construction group Unaoil, including alleged improper payments to third parties.” This probe was seemingly dropped in mid-2020 (see here).

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