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World’s “Most Ethical” FCPA Violators

What's the Difference

I look at many things through a Foreign Corrupt Practices Act lens. It’s an occupational hazard I guess.

So when looking at this year’s “Most Ethical Companies” list published by Ethisphere, I looked for FCPA violators or companies currently under FCPA scrutiny – and like prior year’s – there were quite a few.

For starters, the “Most Ethical Companies” list has become diluted. This year, Ethisphere recognized 136 companies. By comparison, when Ethisphere first released its list in 2007 there were 92 companies. But who knows, perhaps companies have become ethical.

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Companies That Have Resolved FCPA Enforcement Actions And/Or Have Been Or Are Under FCPA Scrutiny Are Well Represented On Ethisphere’s “World’s Most Ethical” Companies List

justsaying

In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions or are or have been under under FCPA scrutiny are bad or unethical companies.

It is a tempting position to take. After all, the FCPA is about bribery and corruption.

However, it is a wrong position to take in many (but certainly not all) instances.

It surprises most people to learn that a company with pre-existing FCPA compliance policies and procedures – and a company otherwise making good faith efforts to comply with the FCPA –  can still face legal liability when a non-executive employee or agent nevertheless acts contrary to the company’s pre-existing FCPA compliance and procedures.

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Companies That Have Resolved FCPA Enforcement Actions Or Are Currently Under FCPA Scrutiny Are Helping To Change The World

change the world

In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions or are currently under FCPA scrutiny are bad or unethical companies.

It is a tempting position to take. After all, the FCPA is about bribery and corruption.

However, it is a wrong position to take in many (but certainly not all) instances.

Certain members of the FCPA and anti-corruption space need to realize that many (but certainly not all) FCPA enforcement actions and/or instances of FCPA scrutiny are based on the conduct of just a few individuals in a business organization that employs thousands or tens of thousands of individuals and a business organization otherwise making good faith efforts to comply with the FCPA.

Previous posts here, here and here highlighted how companies that have resolved FCPA enforcement actions or were currently under FCPA scrutiny have always been well-represented on Ethisphere’s “World’s Most Ethical Companies” list. This post highlights how such companies have been well-represented on Fortune’s “Most Admired Companies” list.

This post highlights how such companies are well-represented on Fortune’s recent companies that are “Changing the World” list.

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