The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

Current Issue Headlines

Vol. 3, No. 20 (Oct. 8, 2014) Print IssuePrint This Issue

  • FCPA and OFAC Compliance Essentials

    The DOJ, SEC and OFAC continue to put resources into enforcement of trade regulations and the FCPA, pursuing new investigative techniques and legal theories in both areas across industries.  On October 28, 2014, Alston & Bird and The FCPA Report will present a program, “Hot Button Issues in FCPA and OFAC Enforcement and Compliance: What Your Company Needs to Know,” to help companies understand the trends and enhance their compliance programs to mitigate the risk from both corruption and trade laws.  Panelists will include inhouse compliance experts Jim Finnerty of TD Bank and Louis Ramos of Pfizer, Inc.; Edward T. Kang and Jason M. Waite, partners at Alston & Bird; and Justin V. Shur, a partner at MoloLamken.  Rebecca Hughes Parker, Editor-in-Chief of The FCPA Report, will moderate and Craig Carpenito, a partner at Alston & Bird, will give opening remarks.  The full invitation is here.  To RSVP, please email rsvp@fcpareport.com.  In advance of the program, Edward T. Kang, Jason Waite and Jim Finnerty shared their views on OFAC and FCPA compliance with The FCPA Report.

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  • Twenty Tips for Creating an Effective Training Program

    Anti-corruption enforcement agencies have made it clear that training is a foundational part of a compliance program.  How can companies effectively and efficiently implement such training programs?  At the Society of Corporate Compliance and Ethics’ 2014 Compliance and Ethics Institute, compliance staff from The Nature Conservancy (TNC), one of America’s largest environmental non-profits which employees 3,700 individuals operating in 35 different countries, shared practical tips and tricks for running an effective training program before, during and after training is conducted.  Using TNC’s program as an example, Charlotte Young, TNC’s Chief Ethics and Compliance Officer and Grace Wu de Plaza, TNC’s Deputy Ethics and Compliance Officer, provided their top training strategies.  See “Seven Practical Tips for Enhancing Anti-Corruption Training and Four Ways to Measure Its Effectiveness,” The FCPA Report, Vol. 3, No. 18 (Sep. 10, 2014).

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  • Hoskins Provides an Opportunity for Judicial Determination of the FCPA’s Jurisdiction

    According to the DOJ and SEC, the FCPA gives the government authority to regulate the extraterritorial behavior of foreign entities and nationals who have never stepped foot inside the United States.  In a guest post, Mara V.J. Senn and Brandie Weddle of Arnold & Porter LLP argue that, until now, the DOJ and SEC have been unchecked in the exercise of such authority over foreign entities and individuals.  However, one British national, Lawrence Hoskins, has asked the U.S. District Court for the District of Connecticut to rein in the DOJ and dismiss an indictment against him for actions he alleges occurred completely outside U.S. territory.  Senn and Weddle detail the arguments and potential ramifications of this case.  See also “How Broad Is the FCPA’s Reach Over the Acts of Foreign Nationals?,” The FCPA Report, Vol. 2, No. 6 (Mar. 20, 2013).

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  • The Right Role for Legal in Compliance

    What makes for an effective relationship between the legal department and the compliance department?  Can one individual effectively serve as a company’s general counsel and its chief compliance officer?  If the roles are bifurcated, how should the relationship operate?  At the Society for Corporate Compliance and Ethics’ 2014 Compliance and Ethics Institute, Glenn Ware, a partner at PricewaterhouseCoopers LLP, and Suzanne Rich Folsom, General Counsel and Senior Vice President of United States Steel Corporation, discussed these questions and other nuances of the relationship between a company’s general counsel and its chief compliance officer.  See “PwC Survey Examines the Role of the Compliance Officer,” The FCPA Report, Vol. 3, No. 14 (Jul. 9, 2014).

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  • CEB Analyzes Key Compliance and Ethics Data

    The compliance function has increased in value and more departments are taking on responsibility for compliance.  Those were some of the preliminary findings from CEB's survey of 300 major companies, the State of the Compliance & Ethics Function.  The findings provide benchmarking information for multi-national companies and will help CEB shape its specialized compliance tools, Ronnie Kann, managing director of CEB’s legal, risk and compliance practice, told The FCPA Report.  He shared takeaways for compliance professionals from the survey.  See also “Anonymous Polling, Focus Groups and ‘Organizational Justice’ Help Companies Avoid FCPA Violations While Growing Revenue,” The FCPA Report, Vol. 1, No. 9 (Oct. 3, 2012).

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  • International Corruption Enforcement Roundup

    The Supreme Court refuses to examine key FCPA definitions.  HP may face ten-year ban in Canada as a result of bribery charges.  BHP Billiton announces it may be close to resolving government anti-corruption probe.  Indonesian corruption watchdog grills five medical suppliers over procurement tender in Banten.  A former Petrobras director accuses a Brazilian construction company of paying $23 million in bribes.  Sanofi informs SEC and DOJ of allegations that its employees bribed healthcare workers in East Africa and the Middle East.  U.S. regulators close the Agilent FCPA investigation.  Eni allegedly paid $1.1 billion to bribe Nigerian politicians, intermediaries and others.  A former SNC-Lavalin executive is convicted of bribery in Switzerland.  Avon wins dismissal of follow-on FCPA litigation.  General Cable discloses investigation of payments in Angola, Thailand and India.  Brazil charges eight Embraer employees with bribery.

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  • DOJ Prosecutor Joins SRZ Litigation Practice in New York

    Schulte Roth & Zabel LLP recently announced that Seetha Ramachandran has joined the firm as special counsel in the Litigation Group.  Resident in the firm’s New York office, Ramachandran will focus her practice on white-collar criminal defense and investigations, banking and securities enforcement as well as civil litigation.

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  • Cheryl Hass Joins McGuire Woods

    Cheryl L. Haas, an accomplished securities litigator with significant experience handling complex disputes in the financial services sector, has joined the Atlanta office of McGuireWoods as a partner.

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