anti-corruption

At long last, we have some non-Covid news for the ethics and compliance world. TRACE International just published its report of global anti-corruption enforcement in 2019, showing a “relatively slow year for enforcement” but nothing far outside the normal, slow-rolling patterns of government investigations. As usual, the majority of anti-corruption enforcement actions conducted last year…

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disgorgement

The Supreme Court heard arguments Tuesday about the disgorgement powers of the Securities and Exchange Commission. The justices seemed to be looking for some way to keep the SEC’s powers alive, even if the agency might need to be more constrained in how it pursues disgorgement.  The case, Liu v. SEC, isn’t likely to see…

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cardinal

The Securities and Exchange Commission has served up its first FCPA enforcement action of the year, an $8.8 million slap against Cardinal Health for failing to address bribery risks caused by a cosmetics business Cardinal ran in China. What happened? In November 2010, Cardinal entered the Chinese market by acquiring the Chinese subsidiaries of an…

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fcpa

The corporate compliance community had a surprise moment of mainstream media attention on Friday, when Trump Administration chief economic adviser Larry Kudlow told reporters the Administration is “taking a look at” the Foreign Corrupt Practices Act and is considering potential reforms. This led to a wave of speculation on Twitter and the press that the…

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ericsson

As everyone in the corporate compliance world knows by now, Ericsson settled its long-running FCPA case last week with $1.06 billion in disgorgement and penalties plus a compliance monitor to boot. This is a sprawling case, full of lessons for the rest of us, so let’s start with the internal controls issues enforced by the…

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fcpa

The Justice Department’s top criminal prosecutor talked FCPA compliance at conference in Washington this week, raising a few points to consider about oversight of third parties and the importance of compliance program. Let’s get into them.  Assistant attorney general Brian Benczkowski, head of the Criminal Division, made his remarks at the annual FCPA Conference happening…

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rankings

TRACE International has published its annual rankings of corruption in countries around the world. As usual, New Zealand and the Nordic countries are the least corrupt places to do business, while failed states such as Somalia, North Korea, Yemen, and Venezuela are the worst.  The 2019 data is available on the TRACE website as of…

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inability

The Justice Department has published fresh guidance about how it will evaluate a company’s claims that it can’t afford to pay monetary penalties, for all you legal and compliance officers trying to convince everyone that your firm lives in the poorhouse.  Assistant attorney general Brian Benczkowski announced the new guidance Tuesday while giving a speech…

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fcpa

A global printing and graphics business based in Wisconsin has agreed to pay $10 million to settle FCPA charges with the Securities and Exchange Commission, in an eye-popping case with misconduct that included bribes to judges, sales to Cuba, and just about every corporate compliance mistake a company could make. The company in question is…

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Juniper Network has agreed to pay $11.7 million to settle FCPA charges with the Securities and Exchange Commission, the latest in a string of cases where a company’s overseas subsidiaries exploited weak oversight of accounting policy to create slush funds for bribes. Let’s take a look. According to the SEC settlement order, the bribery happened…

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