Posts tagged ‘FCPA’
China Corruption Blotter (August 17, 2012)
By Chua Guan Cheong
Published August 17, 2012, FCPA Blog
In Foshan City (Guangdong Province), Shengjian Engineering Supervision Co Ltd owner Qiu Huiqiang was charged in court with spending more than $156,000 from 1999-2011 to bribe civil servants from the Foshan Roads Authority, Traffic Investment Management Department and Traffic Development Construction Center in order to secure contracts for traffic project supervision. Read more
Lessons On Antitrust Compliance From South America
By Joe Murphy
Published August 9, 2012, Corporate Compliance Insights
In the U.S., as far as the Department of Justice is concerned, antitrust compliance seems to take a back seat. In the compliance and ethics field, it seems that other risk areas come first; certainly antitrust today lags behind work in the FCPA/foreign corruption area. From the government’s perspective, the Antitrust Division has sent strong signals that they do not care about compliance programs; all that seems to interest them is rolling up large scores on the enforcement side. Thus, as long as their “pipeline” of cartel cases remains full, they appear to be quite content. Read more
Proposed Irish Bill Contains A Compliance Defense
By Mike Koehler
Published August 15, 2012, FCPA Professor
Ireland, like the U.S. a member country of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, has an FCPA-like law. However, as explained in this Ireland Department of Justice and Equality document “the existing law on corruption – the Prevention of Corruption Acts 1889 to 2010 – comprises several different Acts, and includes statutes dating back to the late nineteenth century.” Read more
Don’t Underestimate Third-Party Risk
By Warren W. Stippich
Published August 14, 2012, Corporate Compliance
It’s no secret that key business functions routinely share critical information assets with third-party service or solution providers. Of course, along with third-party vendors comes added risk, particularly when it comes to those that have access to an organization’s data. Whether working with cloud providers, consultants, business process outsourcers, third-party transaction processors or others, as data moves out of the organization’s protected infrastructure, a certain degree of control is relinquished. Read more
In China, Fame Is Fleeting (And Corrupt)
Published July 30, 2012
China Compliance Digest (republished on FCPA Blog)
In the stiff competition for consumer attention in China’s retail market, the power of “fame” can provide a distinct advantage. More than 1,600 brands have been declared officially “famous” by Chinese authorities. The designation brings not just bragging rights but also a license to use special packaging that lends products extra cachet and credibility with consumers left skeptical by China’s frequent counterfeiting and food-safety scandals. Read more
Navigating Corruption Risks in China
By Michael Volkov
Published August 1, 2012, Corporate Compliance Insights
The FCPA paparazzi like to wring its hands over anti-corruption compliance in China. Some of the wringing makes sense; some does not. No company should avoid entering or expanding into China because of corruption risks. Any company which decides not to enter China for that reason has a limited perspective. China is a corruption compliance challenge. You must enter China with a full plate of anti-corruption tools and resources. Read more
Compliance Lessons from Macbeth: Listen to Your Gut
By Thomas Fox
Published August 2, 2012, JD Supra
I have always found Macbeth to be one of Shakespeare’s most terrifying plays. Every time I see the production and hear Lady Macbeth say that she would “have plucked from my nipple his boneless gums and dashed his brains out” of her baby or see her ghost after her suicide, it sends chills up my spine. But there are other lessons which can be drawn from the play that could be applicable to the compliance practitioner and a Foreign Corrupt Practices (FCPA) or UK Bribery Act compliance program Read more
Expand Training Or Else
Published August 2, 2012
FCPA Blog
It’s hard enough for most companies to train their own employees about FCPA compliance. But now, the DOJ wants training pushed out to all third parties that represent a compliance risk. Read more
A Final Embarassing Setback For DOJ Related To Africa Sting Cases
By Mike Koehler
Published August 1, 2012, FCPA Professor
Two days ago the DOJ was dealt a final embarrassing setback in connection with the Africa Sting cases as Judge Leon rejected the DOJ’s recommendation of no jail time for Richard Bistrong and sentenced the conductor of the manufactured sting to 18 months in prison followed by three years of supervised release Read more
The long arm of the Bribery Act
By Gibson Dunn
Published July 30, 2012, The Lawyer
The Bribery Act 2010 asserts the UK’s jurisdiction over offences committed anywhere in the world by millions of individuals who are neither British citizens nor ordinarily resident in the UK. Under the act UK courts can have jurisdiction over individuals who: offer or pay a bribe; receive a bribe; offer or pay a bribe to a foreign public official; or over a senior manager who connives or consents to the payment of a bribe. Read more
