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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dealers

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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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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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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compliance

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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fcpa

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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cognizant

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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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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