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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

As highlighted here, the DOJ/SEC announced a net $1.66 billion FCPA enforcement action (the largest ever) against Goldman Sachs in connection with the 1MDB Fund.

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FCPA Institute – Zoom (Nov. 10-12)

FCPA Institute - Zoom

Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of hundreds of professionals from around the world. In the current COVID environment, the traditional two-day, in-person FCPA Institute is not possible.

However, there remains a need for FCPA knowledge and skill development and thus I am pleased to offer the FCPA Institute – Zoom on November 10-12. The FCPA Institute – Zoom will consist of 9 hours of integrated and cohesive instruction (each day from 9 a.m. – noon central) led by Professor Koehler, an FCPA expert with FCPA practice and teaching experience.

FCPA Institute – Zoom participants will encounter FCPA authority and other sources of information that define the modern era of FCPA enforcement and will gain knowledge of the following topics among others:

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TI’s Shaming Of Countries Accomplishes Little – Plus Comparing Enforcement Across Countries Is An Apples To Oranges Comparison

Apples to Oranges

I have no doubt that the individuals associated with Transparency International have a genuine interest in reducing bribery and corruption in the global marketplace.

Nevertheless, I have long had good-faith concerns (see prior posts hereherehereherehere and here) about how TI goes about this task. The latest example is TI’s recent “shaming report” (that is my term, TI technically calls its report “Exporting Corruption – Progress Report 2020).

The Executive Summary states:

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

As highlighted here, tracking disclosed FCPA investigations is a mostly meaningless statistic.

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This post  highlights a recent OECD study titled “Corporate Anti-corruption Compliance Drivers, Mechanisms and Ideas for Change” which calls into question whether “soft” enforcement of the FCPA (and related laws) has been successful or whether compliance can best be incentivized with a compliance defense.

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