FCPA Repeat Offenders
As highlighted below, there are 22 companies that have resolved a Foreign Corrupt Practices Act enforcement action – not just once – but twice – and in one instance – three times.
Note: this post uses the term repeat offender to mean a business organization that has resolved more than one FCPA enforcement action regardless of which agency (DOJ or SEC) brought the enforcement action; regardless of the form of resolution (plea agreement, NPA, DPA, administrative order, etc.) and regardless of whether the charges or findings were anti-bribery violations or books and records and internal controls violations in connection with foreign bribery issues. This post does not include instances in which a company resolved an enforcement action concerning foreign bribery and then resolved an action implicating the books and records and internal controls in a so-called non-FCPA FCPA enforcement action. (See here and here for examples). Nor does it include instances in which there was a time gap between a DOJ enforcement action and an SEC enforcement action based on the same core conduct (for instance Las Vegas Sands and Beam).
FCPA Repeat Offenders
If a wholly-owned subsidiary of a company resolves a Foreign Corrupt Practices Act enforcement action and thereafter another majority-owned subsidiary of the same company resolves an FCPA action based on different conduct, does that make the company an FCPA repeat offender?
It’s an open question, but for purposes of the FCPA Repeat Offender list complied by this site such a company will be included as a repeat offender.
For instance, last week Telefónica Venezolana (a wholly-owned subsidiary of Telefónica S.A.) resolved an FCPA enforcement action concerning conduct in Venezuela. In 2019, Telefônica Brasil (a majority-owned subsidiary of Telefónica S.A.) resolved an FCPA enforcement action concerning conduct in Brazil.
With this action, the FCPA repeat offender list now includes 23 companies (22 repeat offenders, and 1 company that has resolved three FCPA enforcement actions).
Deputy Attorney General Lisa Monaco On ….
Life follows a certain cycle.
March.
Lots of basketball, the days get longer, and a high-ranking DOJ official speaks at a white-collar crime conference.
So it was as Deputy Attorney General Lisa Monaco delivered this speech at the American Bar Association’s National Institute on White Collar Crime.
Monaco framed her speech as providing “an update on [the DOJ’s] efforts and tell[ing] you what’s top of mind as we confront today’s corporate enforcement landscape.”
She discussed the following topics: individual accountability, recidivism, and incentives (including a new DOJ whistleblower pilot program).
FCPA Repeat Offenders
With this week’s FCPA enforcement action against SAP (see here for the prior post), the FCPA repeat offender list now includes 22 companies (21 repeat offenders, and 1 company that has resolved three FCPA enforcement actions).
Note: this post uses the term repeat offender to mean a business organization that has resolved more than one FCPA enforcement action regardless of which agency (DOJ or SEC) brought the enforcement action; regardless of the form of resolution (plea agreement, NPA, DPA, administrative order, etc.) and regardless of whether the charges or findings were anti-bribery violations or books and records and internal controls violations in connection with foreign bribery issues. This post does not include instances in which a company resolved an enforcement action concerning foreign bribery and then resolved an action implicating the books and records and internal controls in a so-called non-FCPA FCPA enforcement action. (See here and here for examples). Nor does it include instances in which there was a time gap between a DOJ enforcement action and an SEC enforcement action based on the same core conduct (for instance Las Vegas Sands and Beam).
FCPA Repeat Offenders
As highlighted in this post, over 20 companies have resolved FCPA enforcement actions – not once – but twice – with one company resolving FCPA enforcement actions three times.
Note: this post uses the term repeat offender to mean a business organization that has resolved more than one FCPA enforcement action regardless of which agency (DOJ or SEC) brought the enforcement action; regardless of the form of resolution (plea agreement, NPA, DPA, administrative order, etc.) and regardless of whether the charges or findings were anti-bribery violations or books and records and internal controls violations in connection with foreign bribery issues. This post does not include instances in which a company resolved an enforcement action concerning foreign bribery and then resolved an action implicating the books and records and internal controls in a so-called non-FCPA FCPA enforcement action. (See here and here for examples). Nor does it include instances in which there was a time gap between a DOJ enforcement action and an SEC enforcement action based on the same core conduct (for instance Las Vegas Sands and Beam).
Three Time Offenders