KBR Archives - FCPA Professor

Friday Roundup

By Mike Koehler on March 19, 2021 in Braskem SA, COVID-19, ENI, KBR, Ng Lap Seng, Royal Dutch Shell, Serious Fraud Office, SFO, Toyota, United Kingdom

Acquitted, scrutiny alert, under scrutiny again, across the pond, and compassionate release. It’s all here in the Friday roundup.

Acquittals

The so-called conventional wisdom in the U.S. is that business organizations under Foreign Corrupt Practices Act scrutiny (particularly publicly-traded corporations) simply can’t put the DOJ (or SEC for that matter) to its burden of proof in an enforcement action because it is too risky and may result in a “death sentence” for the company.

As highlighted in this post, the conventional wisdom is b.s., but the narrative still persists. In other countries however, corporations more frequently put government enforcement agencies to their burdens of proof by making factual and legal arguments.

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.”

Friday Roundup

By Mike Koehler on July 6, 2018 in Agency Issues, Glencore, KBR, Legg Mason, Parent – Subsidiary Issues, Repeat Offenders, Root Causes, Whistleblowers

Scrutiny alert, some responsibility, repeat offender, proposed changes to whistleblower rules, and for the reading stack. It’s all here in the Friday roundup.

Scrutiny Alert

Glencore plc, an Anglo–Swiss mining company with headquarters in Switzerland and ADRs traded on a U.S. exchange recently announced:

Friday Roundup

By Mike Koehler on April 28, 2017 in Andras Balogh, Bio-Rad, Cosan, Elek Straub, Enforcement Agency Policy, Enforcement Agency Speeches, FCPA Trials, KBR, Magyar Telekom, Multimedia, Newmont Mining, Ng Lap Seng, Novartis, Related Civil Litigation, Sanford Wadler, Tamas Morvai, Whistleblowers

Selective SEC release, scrutiny alert, from the docket, for the reading stack, for your viewing pleasure, and a survey. It’s all here in the Friday roundup.

Selective SEC Release

Since it was filed in December 2011, this site has closely followed the SEC’s long-standing Foreign Corrupt Practices Act enforcement action against former Magyar Telekom executives Elek Straub (former Chairman and CEO); Andras Balogh (former Director of Central Strategic Organization); and Tamas Morvai (former Director of Business Development and Acquisitions) with various FCPA and related offenses. (See here for the prior post).

The complaint alleged, in connection with a bribery scheme in Macedonia and Montenegro, that the individuals violated or aided and abetted violations of the FCPA’s anti-bribery, books and records, and internal controls provisions; knowingly circumvented internal controls and falsified books and records; and made false statements to the company’s auditor.

Friday Roundup

By Mike Koehler on May 6, 2016 in Alere Inc., FCPA Inc., FMC Technologies, Fresenius Medical Care, Grifols S.A., KBR, Key Energy Services, Och-Ziff Capital Management, Quad Graphics, Unaoil

A plethora of scrutiny alerts and updates and for the reading stack. It’s all here in the Friday Roundup.

Scrutiny Alerts and Updates

Unaoil Related

The disclosures keep coming from companies mentioned in the recent Unaoil media reports (see here for the prior post).

FMC Technologies, an oil and gas services company, recently disclosed:

“On March 28, 2016 we received an inquiry from the United States Department of Justice (“DOJ”) related to the DOJ’s investigation of whether certain services Unaoil S.A.M. provided to its clients, including FMC Technologies, violated the Foreign Corrupt Practices Act. We are cooperating with the DOJ’s inquiry and are conducting our own internal investigation.”

KBR, a company which resolved an FCPA enforcement action in 2009 concerning conduct in Nigeria , recently disclosed:

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