Issues To Consider From The Novartis Enforcement Action
This recent post highlighted the $347 million Foreign Corrupt Practices Act enforcement action against Novartis – the second time the company has resolved an FCPA enforcement action.
This post highlights additional issues to consider.
Timeline
Issues To Consider From The Eni Enforcement Action
This prior post went in-depth into the recent Eni enforcement action and this post continues the analysis by highlighting additional issues to consider.
Timeline
As stated in Eni’s recent disclosure: “In 2012, Eni contacted the U.S. Department of Justice (DoJ) and the U.S. SEC in order to voluntarily inform them about this matter, and has kept them informed about the developments in the Italian Prosecutors’ investigations and proceedings. Following Eni’s notification, both the U.S. SEC and the DoJ started their own investigations regarding this matter.”
Issues To Consider From The Cardinal Health Enforcement Action
This recent post highlighted the SEC’s $8.8 million Foreign Corrupt Practices Act enforcement action against Cardinal Health.
This post continues the analysis by highlighting additional issues to consider.
Timeline
According to the SEC order, “In December 2016, Cardinal voluntarily disclosed the results of its investigation to the Commission staff and subsequently cooperated with its investigation.”
Like Prior Years, The Gray Cloud Of FCPA Scrutiny Lasted Too Long In 2019
This recent post highlighted the origins of corporate Foreign Corrupt Practices Act enforcement actions in 2019.
Continuing with the 2019 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 2019 were under scrutiny.
Issues To Consider From The Ericsson Enforcement Action
This previous post went in-depth into the Ericsson enforcement action and this post continues the analysis by highlighting additional issues to consider.
Record-Setting
Although there are certain haphazard FCPA top ten lists out there, the Ericsson enforcement action is the largest in FCPA history in terms of actual FCPA settlement amount. (See here for the current top ten list).
Record-Setting?
Even though the Ericsson enforcement action was record-setting, the question arises should it have been record-setting or was it an example of FCPA settlements increasing just because (see here for the prior post)?