Posts Tagged ‘FCPA’

Dealers, Drugs, and FCPA Insight


I always welcome questions from compliance and audit professionals, and the following came to me last week: “What type of third party falls under ‘dealer’ for FCPA purposes?” The compliance officer who posed this question works at a company under settlement with the Justice Department for overseas bribery. He’s building up the company’s third-party oversight…

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FCPA Issues Nick Microsoft $25M

Microsoft has agreed to pay $25.3 million to settle FCPA charges against subsidiaries in Hungary, Saudi Arabia, Thailand, and Turkey — the latest in a long line of cases where poor procedures to document sales discounts offered by local resellers paved the way for bribery of foreign government officials.  Microsoft will pay $16.5 million to…

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Real Meaning of the Walmart Case

Walmart fcpa

All weekend I’ve contemplated what to say about Walmart’s FCPA settlement. Quick minds in ethics and compliance have already pumped out paragraph after paragraph dissecting the case, and more minds will pump out more paragraphs still, before everything is said about this landmark case. Except, the Walmart case isn’t a landmark, really. Read the statement…

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New Compliance Evaluation Guidelines


The Justice Department released Tuesday a fresh set of guidelines on how prosecutors should evaluate corporate compliance programs: a much longer document, with more narrative explanation about what the Justice Department considers important. Compliance professionals should prepare to obsess over it like last Sunday’s Game of Thrones episode. Assistant attorney general Brian Benczkowski unveiled the…

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More Cognizant FCPA Lessons


Now that we’ve had a long weekend to digest the FCPA enforcement action imposed against Cognizant Technologies last week, compliance officers have a lot more consider here. In many ways what happened with Cognizant is an excellent case-study for corporate ethics and compliance done right, with a few points to ponder about potential risks to…

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$25M to End Cognizant FCPA Case


IT outsourcing firm Cognizant Technologies agreed Friday to pay $25 million in disgorgement and penalties to settle FCPA charges related to bribery in India, while the company’s former president and top legal officer were indicted for their roles in orchestrating the scheme. The settlement included $19 million in disgorgement of ill-gotten profits, plus $6 million…

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Event: Governance Forum, Jan. 23

Next week I have the privilege of moderating an executive forum in Philadelphia, where four stellar thinkers about compliance, audit, and corporate governance will be discussing some of the big issues emerging for executives and board directors in 2019. To focus my thoughts, I’ve been pondering: what are some of the big issues emerging for…

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Nine Compliance Issues for 2019


Welcome to 2019, everyone! The federal government may be shut down, but corporate compliance never stops. Now that we’re done returning Christmas presents and deleting emails clogging our in-boxes, our thoughts turn to how the corporate compliance landscape might evolve in the coming year. Without further delay, then, my annual list of compliance issues that…

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Many Lessons in Polycom FCPA Case


Corporate compliance officers have one more enforcement action to study in 2018: Polycom, the company that makes those UFO-shaped speaker phones on your conference room table. The company (now a subsidiary of Plantronics Corp.) just agreed to pay $36 million to settle FCPA charges in a case with lessons for pretty much everybody. The FCPA…

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More DOJ! New Cooperation Policy


More news from the Justice Department on corporations cooperating with criminal investigations: from now on, prosecutors will only insist that companies identify individuals “substantially” involved with the misconduct in question, rather than everyone involved. So says deputy attorney general Rod Rosenstein, who announced the new policy on Thursday at the annual FCPA Conference happening in…

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