Issues To Consider From The AB InBev Enforcement Action
This previous post went in-depth into the SEC’s Foreign Corrupt Practices Act enforcement action against AB InBev.
This post continues the analysis by highlighting additional issues to consider from the enforcement action.
Timeline
Per the SEC’s order, the SEC began its inquiry in October 2011.
Thus from start to finish, AB InBev’s FCPA scrutiny lasted just shy of five years.
It is absolutely inexcusable on any level for FCPA scrutiny to last five years. If the SEC wants the public to view its FCPA enforcement program as legitimate, credible, and effective, it must resolve instances of FCPA scrutiny much faster.
Issues To Consider From The Nu Skin Enforcement Action
This previous post highlighted the SEC’s Foreign Corrupt Practices Act enforcement action against Nu Skin Enterprises.
This post continues the analysis by highlighting additional issues to consider from last week’s enforcement action.
Similar, Yet Different
Before the Nu Skin action, there have been several FCPA enforcement actions that have included, in whole or in part, charitable donations as highlighted in this recent post.
All of the prior enforcement actions though appear to have been involved pre-existing, presumably bona fide charitable organizations that a “foreign official” nevertheless was involved in or was valued by the “foreign official.”
Issues To Consider From The LAN Airlines Enforcement Action
This previous post went in-depth regarding the $22 million parallel DOJ and SEC enforcement action against LAN Airlines.
This post continues the analysis of the enforcement action by highlighting additional issues to consider.
Defiant
As noted in connection with the prior SEC enforcement action against Ignacio Cueto Plaza, the conduct at issue is notable for several reasons.
First, the problematic conduct was engaged in by an individual currently with the company. The vast majority of FCPA enforcement actions involve the conduct of former employees.
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.
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.