Issues to Consider From The Nortek And Akamai Technologies Enforcement Actions
Previous posts here and here highlighted the SEC’s recent Foreign Corrupt Practices Act enforcement actions against Nortek and Akamai Technologies.
This previous post highlighted the DOJ’s so-called “declination” letters and posed the salient question – what viable criminal charges did the DOJ actually “decline”?
This post continues the analysis of the enforcement actions by highlighting additional issues to consider.
FCPA Parallels
I tend to read the news with Foreign Corrupt Practices Act goggles on. It’s an occupational hazard I guess.
Sure, the FCPA is a specific statute, enforced in unique and specific ways, but there are many issues highlighted in the news that have FCPA parallels.
This post provides several examples.
FCPA Flash – A Conversation With Homer Moyer
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 the written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Homer Moyer (Miller & Chevalier – Washington, D.C.). In the episode, Moyer (a “dean of the FCPA bar”) discusses the following topics: whether, as the FCPA nears 40, the law has been “successful,” the pros and cons of recent FCPA enforcement trends, various aspects of the DOJ’s FCPA “pilot” program, the typical length of FCPA scrutiny, and the costs of investigating potential FCPA violations.
Issues To Consider From The Las Vegas Sands Enforcement Action
This recent post went in-depth into the recent $9 million Foreign Corrupt Practices Act books and records and internal controls enforcement action against Las Vegas Sands (LVS).
This post continues the analysis by highlighting various issues to consider.
Is Your Company In Violation of the Books and Records and Internal Controls Provisions?
LVS is not a “normal” company in that its Chairman and CEO Sheldon Adelson (or his family) own a majority of company shares.
Moreover, Adelson is very active in his support of Republican candidates and causes, an issue that has been well-documented. (See here for instance). As a result, some have suggested that LVS was targeted by the Democratic administration.
I have no insight or opinion about this.
But I will say the following.
Issues To Consider From The Nordion (Canada Inc.) Enforcement Action
This previous post went in-depth on the recent Foreign Corrupt Practices Act enforcement action against Nordion (Canada, Inc.).
This post continues the analysis by highlighting various issues to consider.
A future post will explore how the seemingly minor enforcement action (the settlement amount was a mere $375,000) should leave anyone who cares about FCPA enforcement speechless. An additional future post will pose the question of why did Nordion voluntarily disclose while also highlighting that its FCPA scrutiny cost the company in excess of $20 million in pre-enforcement action professional fees and expenses (a shocking 50:1 ratio compared to the settlement amount).