The FCPA Report

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

Articles By Topic

By Topic: Latin America

  • From Vol. 6 No.3 (Feb. 15, 2017)

    $30M SQM Settlement Demonstrates the Hazards of Discretionary Accounts for CEOs and Charitable Donations to the Politically Connected

    Chemical and mining company Sociedad Química y Minera de Chile (SQM) has agreed to pay more than $30 million in civil and criminal penalties to settle allegations that it made inappropriate payments to politicians and people closely connected to them in violation of the FCPA. Much of the company’s FCPA problems stemmed from the mishandling of a discretionary fund provided for the use of the CEO, through which some $14.75 million was funneled to politicians and their associates, often via charitable foundations. See “Room for Improvement: Miller & Chevalier Survey Reveals Troubling Perceptions of Corruption and Compliance in Latin America” (Sep. 14, 2016).

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  • From Vol. 6 No.2 (Feb. 1, 2017)

    After Two Extensions of Its DPA, Zimmer Biomet Settles Further FCPA Charges for $30M

    Biomet’s continued misconduct during the term of its 2012 deferred prosecution agreement, including its bribery of Mexican customs agents and persistent use of a third-party distributor known to have paid bribes in Brazil has led to a new resolution with the DOJ and SEC. The DOJ extended Biomet’s 2012 deferred prosecution agreement twice while the investigation was pending, and now the company (purchased in 2015 by Zimmer, which also bought the DPA obligations) will pay $30 million dollars to resolve the claim in a new settlement, and will take on another monitor for three years. See also “Dan Newcomb Discusses the Unusual Second Extension of Biomet’s DPA” (Apr. 20, 2016).

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  • From Vol. 5 No.24 (Dec. 7, 2016)

    Regional Risk Spotlight: Bruce Horowitz of Paz Horowitz Advises on Ecuador-Specific Corruption Challenges 

    Don’t assume Ecuador’s laws are the same as Mexico’s or Colombia’s, warned Bruce Horowitz, a partner at Paz Horowitz, in an interview with The FCPA Report. Despite its small size, Ecuador has vast natural resources and is attractive to international companies. It also has, however, significant corruption, ranking 107 out of 168 countries in Transparency International’s Corruption Perceptions Index 2015. Horowitz highlighted what companies need to know about Ecuador’s new Constitution, other relevant anti-corruption laws, the enforcement landscape (especially in light of the country’s role in the FIFA and Panama Papers scandals) and risks specific to Ecuador. See also “Room for Improvement: Miller & Chevalier Survey Reveals Troubling Perceptions of Corruption and Compliance in Latin America” (Sep. 14, 2016). 

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  • From Vol. 5 No.23 (Nov. 23, 2016)

    An Outline of How the New National Anti-Corruption System in Mexico Will Affect Private Companies

    In May 2015, 14 articles of the Mexican Constitution were amended to create the so-called “Mexican National Anti-Corruption System." In addition, secondary legislation, consisting of several different laws and designed to set forth the principles, rules and procedures for the coordination of different Mexican administrative and criminal authorities that will be tackling corruption, was enacted or amended on July 18, 2016. In a guest article, Greenberg Traurig partner Hugo Lopez-Coll explains the specifics of the new system and laws. See “Room for Improvement: Miller & Chevalier Survey Reveals Troubling Perceptions of Corruption and Compliance in Latin America” (Sep. 14, 2016). 

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  • From Vol. 5 No.23 (Nov. 23, 2016)

    Brazilian Attorneys Discuss How High-Profile Corruption Investigations Are Changing Compliance in South America

    Brazil has taken the lead in anti-corruption enforcement in South America, but the risks in the region remain high. During a recent program hosted by the Society of Corporate Compliance and Ethics, panelists Shin Jae Kim and Renata Muzzi Gomes de Almeida, partners at TozziniFreire Advogados, and Fernanda Beraldi, an ethics and compliance director and corporate counsel at Fortune 500 manufacturing company Cummins, Inc., examined the current corruption climate in South America, the continuing impact of the Petrobras corruption scandal, the use of cooperation and leniency agreements in Brazil and the Brazilian government’s guidance on effective compliance programs. Beraldi also discussed how Cummins has designed its compliance program to mitigate South American corruption risks. For more from Kim and Muzzi, see “Addressing Five Major Compliance Issues Posed by Brazil’s 2016 Olympic Games” (Jun. 15, 2016).

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  • From Vol. 5 No.19 (Sep. 28, 2016)

    Regional Risk Spotlight: Argentinian Attorney Pedro Serrano Espelta Explains the Country’s Complicated History and Its Effect on Corruption Risk Today

    Argentina’s complicated political history is marked by a pattern of alternating nationalization and privatization of industries. As a result, the government plays a role in almost all business transactions, leading to significant corruption risks for companies doing business there. Meanwhile, the country’s own laws rarely result in convictions and, in fact, do not meet the OECD’s recommendations for preventing corruption. The FCPA Report recently spoke with Pedro Serrano Espelta, a partner at Marval, O’Farrell & Mairal in Buenos Aires, about Argentina’s corruption risks and what companies can do to avoid them. Serrano Espelta will also be discussing the topic at the Global Regulatory & Enforcement Update Seminar at ACI’s 33rd International Conference on the FCPA to be held in Washington, D.C., in December. See “Regional Risk Spotlight: Livia Zamfiropol of DLA Piper Discusses Recent Trends in Romania’s Anti-Corruption Enforcement” (Aug. 31, 2016).

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  • From Vol. 5 No.18 (Sep. 14, 2016)

    Room for Improvement: Miller & Chevalier Survey Reveals Troubling Perceptions of Corruption and Compliance in Latin America

    Business executives and in-house legal counsel in Latin America observe high levels of corruption in their countries and generally perceive domestic anti-corruption laws to be ineffective, a recent survey by Miller & Chevalier found. However, they are becoming increasingly familiar with the FCPA and other global anti-corruption laws. We analyze the results of the survey and highlight the issues most relevant to those operating in the region. See “Six Compliance Lessons from the 2012 Latin America Corruption Survey” (Sep. 5, 2012).

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  • From Vol. 5 No.16 (Aug. 10, 2016)

    LATAM’s Delayed Self-Report and Inadequate Remediation Result in FCPA Fine Above Sentencing Guideline Minimum

    LATAM Airlines Group, along with its predecessor-in-interest LAN Airlines, has agreed to pay more than $22 million in penalties and disgorgement in order to settle allegations of books and records violations related to a union dispute in Argentina. Despite the lack of bribery allegations, the company paid a hefty penalty to the DOJ based on its failure to self-report the conduct in a timely manner or adequately remediate. Among the company’s remedial failures, the DOJ cited a lack of employee discipline, likely referencing the company’s CEO, who entered into a settlement with the SEC over the same conduct but remains in his position. See “CEO of LAN Airlines Settles FCPA Charges With SEC Over Union Dispute” (Feb. 10, 2016).

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  • From Vol. 5 No.13 (Jun. 29, 2016)

    Regional Risk Spotlight: Luis Ortiz of OCA Law Firm Discusses New Legislation and Anti-Corruption Challenges in Mexico

    The manufacturer and exporter of a wide range of products, including electronics and cars, Mexico is an economic powerhouse and an attractive target for foreign investment – albeit one with a long history of corruption that permeates all aspects of its society. In the past several years, however, the public has called for legal reform to address this corruption, and Mexico’s Congress responded with the passage of new anti-corruption legislation. The FCPA Report recently spoke with Luis Ortiz, a partner at OCA Law Firm, about the corruption risks associated with doing business in Mexico, the popular groundswell for reform and the resulting legislation. Since our discussion, the legislation passed by Congress has been vetoed by Mexican President Enrique Pena Nieto, leaving the future of the country’s laws in flux and making it all the more important for companies to be aware of the corruption risks they may face in this market. See also “Regional Risk Spotlight: Reed Smith’s Calvin Chan Discusses Singapore’s Vigorous Anti-Corruption Enforcement” (May 18, 2016).

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  • From Vol. 5 No.10 (May 18, 2016)

    Resolutions in the Direct Access Partners Matter and the Panama Papers: A Caution for Financial Sector Anti-Corruption Compliance

    In May 2013, the DOJ unsealed criminal FCPA, Travel Act, money laundering and conspiracy charges against two employees of the New York broker-dealer Direct Access Partners, as well as Travel Act, money laundering and conspiracy charges against Maria de Los Angeles Gonzalez de Hernandez, vice president for finance of the Economic and Social Development Bank of Venezuela. In the three years since the original indictments, the case expanded, with additional indictments, amended SEC complaints, guilty pleas, sentencing and, in early April 2016, final judgments being entered in the SEC civil action. In a guest article, Sean Hecker and Andrew Levine, partners, and Philip Rohlik, counsel at Debevoise & Plimpton highlight the lessons companies can learn from the DAP case and other recent events. See “Why the Direct Access Partners Case Matters for Financial Sector Anti-Corruption Compliance” (Oct. 23, 2013).

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  • From Vol. 5 No.9 (May 4, 2016)

    Effective FCPA Compliance Strategies in the Wake of the Panama Papers

    The Panama Papers leak of 11.5 million documents related to offshore banking and the use of shell companies in “tax havens” has ushered in a period of renewed focus on monitoring, tracking and justifying transactions with offshore companies, particularly those in low or no tax jurisdictions that lack transparency. In a guest article, Nicholas M. Berg and Kim B. Nemirow, partners at Ropes & Gray, and Jaime Orloff Feeney, an associate there, analyze the developments in the Panama Papers case, the potential liability theories stemming from the case, how the case has changed the FCPA enforcement environment, and how companies can ensure their controls are sufficiently tailored to the various risks presented by anonymous shell corporations. See “Structuring FCPA Books and Records Controls to Withstand SEC Scrutiny Without Impairing Sales” (Mar. 20, 2013).

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  • From Vol. 5 No.5 (Mar. 9, 2016)

    Failure to Heed a CCO Whistleblower’s Warnings Leads to Olympus’ $646 Million Anti-Kickback, FCA and FCPA Settlement

    The DOJ’s recent settlement with medical-device distributor Olympus demonstrates that corruption is not confined to emerging or high-risk markets. Rather, when a company fails to implement effective compliance measures, corruption can occur anywhere, even in the United States. From 2006 to 2011, Olympus Latin America (OLA) attempted to increase medical equipment sales in Central and South America by paying health care practitioners at government-run facilities more than $3 million. Simultaneously, in North America, Olympus employees were paying kickbacks to doctors and hospitals. The charges against Olympus resulted from a False Claims Act lawsuit filed by its former chief compliance officer who allegedly first-reported the claims internally – Olympus executives apparently failed to heed his warnings. See “Whistleblower Advocate and Experts at Gibson Dunn Discuss the Current State of the Dodd-Frank Whistleblower Program” (Jan. 13, 2016).

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  • From Vol. 5 No.3 (Feb. 10, 2016)

    From Discounts to Slush Funds: Red Flags to Heed and Eight Steps to Take to Avoid SAP’s $3.9 Million Mistakes

    As companies increase the complexity of their compliance programs, employees trying to make corrupt payments are forced to become more and more creative to circumvent those programs. German software and technology company SAP SE recently learned that the hard way when it agreed to pay nearly $3.9 million to settle charges that it violated both the books and records and the internal controls provisions of the FCPA. According to the SEC, a former SAP executive created a slush fund by providing an 82% discount to one of SAP’s local partners. That money was then used to pay $145,000 in bribes to one senior Panamanian official and offer bribes to two others. Adrian D. Mebane, vice president and deputy general counsel of The Hershey Company told The FCPA Report that the settlement reinforces a company’s obligation to maintain robust internal controls. That obligation goes beyond financial controls and includes establishing a compliant tone at the top, performing risk assessments, maintaining procedures to guarantee directives are followed for high-risk transactions, and ongoing monitoring, he said. See also “Miller & Chevalier’s Ellis Offers Insights From Former SAP Employee’s FCPA Guilty Plea and SEC Settlement” (Sep. 9, 2015).

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  • From Vol. 5 No.3 (Feb. 10, 2016)

    CEO of LAN Airlines Settles FCPA Charges With SEC Over Union Dispute

    In a rare individual FCPA settlement with a sitting CEO, the SEC has resolved books and records allegations against Ignacio Cueto Plaza for $75,000. Cueto, the head of LAN Airlines, neither admitted nor denied the allegations in the SEC’s order regarding the funneling of $1.15 million to an Argentinian consultant in 2006 to pay off union leaders during a labor dispute. We dissect the settlement, which includes a surprising level of detail about training and may be a precursor to future actions related to LAN’s compliance program breakdown. See also “SEC Sanctions Two FLIR Systems Employees for Bribing Saudi Officials” (Nov. 19, 2014).

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  • From Vol. 4 No.26 (Dec. 16, 2015)

    Regional Risk Spotlight:  Michael Farhang of Gibson Dunn Discusses Colombia’s Troubled Corruption History and Recent Reforms

    One of the biggest FCPA news stories of 2015 was the surprise guilty plea of former PetroTiger CEO Joseph Sigelman during his DOJ trial.  That case brought the corruption climate in Colombia, South America’s fourth-largest economy, to the forefront.  For this installment of the Regional Risk Spotlight, The FCPA Report spoke with Michael Farhang, a partner at Gibson Dunn and an expert on Latin America, about Colombia’s troubled past and its recent efforts to curb corruption as it emerges as an economic powerhouse.  See previously “Regional Risk Spotlight: Douglas Mancill of PriceSanond Explains the Thai Corruption Landscape,” The FCPA Report, Vol. 4, No. 24 (Nov. 18, 2015).

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  • From Vol. 4 No.25 (Dec. 2, 2015)

    How the Expanding Petrobras Scandal May Spark a New Era of Multi-Lateral Enforcement

    More than two years after Brazilian authorities launched their investigation into Petrobras, the consequences of the scandal continue to grow, stretching beyond the borders of Brazil and potentially encompassing other state-owned or operated entities.  In a recent webinar, attorneys from Mayer Brown and its Brazilian affiliate, Tauil & Chequer Advogados, describe the latest developments, including a Peruvian investigation into construction companies allegedly involved in the Petrobras scandal and what they say may be a potential U.S. “sweep” of companies with ties to state-owned entities, illustrated by an investigation of the Venezuelan state-owned oil company.  They also offered advice on how companies can avoid the fallout from these investigations.  See “Operation Car Wash: Examining the History and Consequences of the Petrobras Scandal,” The FCPA Report, Vol. 4, No. 6 (Mar. 18, 2015); and “Experts on Brazilian Law Explain the Latest Fallout from the Petrobras Scandal,” The FCPA Report, Vol. 4, No. 11 (May 27, 2015).

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  • From Vol. 4 No.18 (Sep. 9, 2015)

    Miller & Chevalier’s Ellis Offers Insights from Former SAP Employee’s FCPA Guilty Plea and SEC Settlement

    In a rare joint effort to pursue an individual, the DOJ and SEC recently reached settlement agreements with Vicente Eduardo Garcia, a former SAP vice president who orchestrated a scheme to bribe Panamanian officials.  On August 12, 2015, Garcia pled guilty to a one-count Information filed in the Northern District of California, charging him with conspiracy to violate the FCPA.  On the same day, the SEC entered a Cease-and-Desist Order in which Garcia agreed to pay a civil penalty of more than $85,000 based on substantially similar allegations.  The enforcement actions demonstrate that companies may be able to avoid liability even when their employees engage in corruption, and serve as a warning about the types of schemes prevalent in Central America.  The FCPA Report recently spoke with Matteson Ellis, a member of Miller & Chevalier and an expert on FCPA enforcement in Latin America.  Ellis explained how this case fits into a broader pattern of FCPA cases coming out of Central America in general, and Panama in particular.  He also discussed whether further actions related to Garcia’s scheme are likely and what the SEC and DOJ may be signaling about companies’ compliance programs.  See also “Corruption Risk and the Changing Legal Climate in Latin America,” The FCPA Report, Vol. 3, No. 4 (Feb. 19. 2014).

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  • From Vol. 4 No.11 (May 27, 2015)

    Experts on Brazilian Law Explain the Latest Fallout from the Petrobras Scandal

    The fallout from the Petrobras bribery scandal, which has been brewing since mid-2013, continues to grow.  In April, Petrobras finally released its 2014 financial statements, which included significant corruption-related write-downs and impairments.  A recent program presented by Mayer Brown and its Brazilian affiliate, Tauil & Chequer Advogados, offered a look at the history of the Petrobras scandal, including developments since the release of the 2014 financials.  The panelists also reviewed enforcement actions being taken by Brazil’s securities regulators; economic ramifications of the scandal; and the risks and opportunities arising out of that scandal.  See also “Operation Car Wash: Examining the History and Consequences of the Petrobras Scandal,” The FCPA Report, Vol. 4, No. 6 (Mar. 18, 2015); “Brazil’s Evolving Anti-Corruption Environment,” The FCPA Report, Vol. 4, No. 9 (Apr. 29, 2015).

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  • From Vol. 3 No.8 (Apr. 16, 2014)

    Three Regions, Four Settlement Tools and $108 Million: HP Entities Resolve Criminal and Civil FCPA Charges 

    Hewlett-Packard and three of its subsidiaries in Russia, Mexico and Poland have resolved FCPA charges, paying $108 million in penalties.  The schemes involved bribes to obtain contracts with various government sectors and encompass different risk areas, such as third-party payments and gifts.  The entities resolved the actions through a guilty plea (for HP Russia), a deferred prosecution agreement (for HP Poland), a non-prosecution agreement (for HP Mexico) and a cease and desist order (for HP, the California-based parent company).  The criminal fines represent discounts from the low end of the Sentencing Guidelines range, unlike the recent Marubeni case, and no compliance monitor was imposed.  For insights from HP on its current compliance program, see “Conducting Effective Anti-Corruption Due Diligence on Third Parties: An Interview with Gwen Romack, Director of Global Anti-Corruption at Hewlett-Packard Company,” Vol. 2, No. 20 (Oct. 9, 2013). 

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  • From Vol. 3 No.4 (Feb. 19, 2014)

    Corruption Risk and the Changing Legal Climate in Latin America

    Although Latin American countries offer a tremendous wealth of business opportunities, the region is a potential minefield of corruption risks, perilous to navigate.  A recent webinar hosted by Strafford Publications discussed the dynamic enforcement climate, risks endemic to the region, an overview of recent and pending changes in local anti-corruption laws (including the newly-enacted law in Brazil) and provided advice on how to optimize compliance programs for the region.  The program featured Jay Holtmeier, a partner at WilmerHale; Matteson Ellis, Special Counsel at Miller & Chevalier; and Matthew J. Feeley, a Shareholder in Buchanan Ingersoll & Rooney.  See also “Gibson Dunn Attorneys Take the Pulse of Anti-Corruption Risks in Emerging Markets,” The FCPA Report, Vol. 3, No. 3 (Feb. 5, 2014).

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  • From Vol. 3 No.2 (Jan. 22, 2014)

    A Guilty Plea and Two Flight Risks in PetroTiger Colombian Bribery Case

    Three individual cases in the corruption risk-ridden oil and gas industry have added to January’s FCPA enforcement flurry.  The DOJ has unsealed FCPA charges against former PetroTiger executives related to alleged payments to an employee of Ecopetrol S.A., the Colombian state-owned petroleum company, to obtain a lucrative contract.  The former General Counsel has pled guilty and the two former CEOs were arrested (one at Newark airport and one in the Philippines) and are free on bail.  The article distills six compliance and enforcement takeaways from this case.  See also  “For Individual FCPA Defendants, Providing Assistance Can Lead Directly to Downward Departures in Sentencing,” The FCPA Report, Vol. 2, No. 8 (Apr. 17, 2013).

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  • From Vol. 2 No.17 (Aug. 21, 2013)

    Unforeseen Corruption Liability: How to Avoid a Post-Acquisition “Oh My!” Moment

    In the “Wizard of Oz,” when Dorothy, the Scarecrow and the Tin Man are already deep in the haunted forest, Dorothy asks her guides what dangers could be present.  “Oh my!” she exclaims when she is told of the perils around her.  It is too late to turn back.  Such is the plight of many public companies when they acquire or merge with entities doing business in countries with a high corruption risk.  Without proper anti-corruption guidance, many companies discover too late that they have placed themselves – and their shareholders – in great potential danger by effectively buying a target’s legal liability for past FCPA violations.  The legal liability extends well beyond the U.S., as many countries such as the U.K. and, recently, Brazil, have enacted their own anti-corruption laws.  In a guest article, John Carney and Christina Tsesmelis, partner and senior associate, respecitvely, at BakerHostetler LLP, discuss best practices for merger and acquisition due diligence in light of U.S. precedent and the newly-passed Brazilian law.

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  • From Vol. 2 No.17 (Aug. 21, 2013)

    Former Ambassador Files Civil Suit Alleging That FCPA Violations Can Trigger RICO Liability

    While there is no private right of action under the FCPA, a private citizen may sue under the Racketeer Influenced and Corrupt Organizations Act (RICO) for damages caused by an enterprise that engages in a pattern of “racketeering activities,” the broad definition of which may include violations of the FCPA.  These principles – the broad sweep of RICO and the potential for FCPA violations to trigger RICO liability – are at issue in a civil suit recently commenced by the Honorable Otto J. Reich, a former Ambassador to Venezuela, against three Venezuelan expatriates.  Reich alleges that the expatriates sought to damage his business and reputation after Reich sought to assist a Venezuelan bank.  The bank was a vocal critic of the Hugo Chavez regime and claimed that those expatriates had bribed Venezuelan officials in order to secure lucrative contracts to build power plants in Venezuela.  This article summarize Reich’s complaint.  See also “How to Anticipate and Manage Collateral Litigation after an FCPA Investigation Becomes Public,” above, in this issue of The FCPA Report; and “Non-FCPA Liability for Alleged FCPA Violations,” The FCPA Report, Vol. 1, No. 1 (Jun. 6, 2012).

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  • From Vol. 1 No.7 (Sep. 5, 2012)

    A Seven-Step Process for Mitigating Corruption Risk When Engaging Third-Party Consultants in Brazil

    Brazil is a country with tremendous business promise, but considerable corruption risk.  On the upside, Brazil is the world’s sixth largest economy; will host the upcoming 2014 World Cup and the 2016 Summer Olympics; has a largely internally focused economy (and thus does not rely on exports to the same extent as China, for example); was relatively unscathed by the 2008-2009 financial crisis; is making a concerted push to upgrade its infrastructure (ports, roads, utilities, sporting venues, etc.); has a wealth of natural resources (including oil) and a growing ability to commercialize them; and more.  The Brazilian government recently estimated that its economy will grow 4.5 percent in 2013.  On the downside, however, corruption has been a drag on Brazil’s economy for as long as anyone can remember, and adversely affects other aspects of life in Brazil (notably, the uneven and sporadic administration of justice).  Brazil’s regulatory regime is infamously – many would say, unnecessarily – complicated, in particular with respect to tax.  (Avon’s internal FCPA investigation reportedly has uncovered, among other things, millions of dollars of payments made by Avon to tax consultants in Brazil.)  Accordingly, doing business effectively in Brazil requires navigating a highly complex regulatory regime.  In turn, navigating that regime often requires on the ground expertise, color and connections.  In short, it requires hiring local, third-party consultants, or despachantes, as they are called in Brazil.  A big business opportunity, a complex regulatory regime and third-party agents that are ubiquitous and virtually inevitable – anti-corruption professionals will recognize the current landscape in Brazil as a classic recipe for FCPA violations.  The key business question is how to avoid such violations while taking advantage of the considerable business opportunities that Brazil offers.  This article seeks to answer that question.  In particular, this article discusses: relevant precedent regarding third-party consultants in Brazil, including completed enforcement actions and ongoing investigations; industries in Brazil in which corruption risk is salient; specific corruption risks in Brazil; the rationale for the use of third-party consultants in Brazil; three “red flags” to be aware of when evaluating third-party consultants in Brazil; seven steps to take when retaining third-party consultants in Brazil (steps that were originally distilled by Navigant Consulting for Tyco International Ltd.); and suggestions for monitoring third-party consultants once they are hired.

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  • From Vol. 1 No.7 (Sep. 5, 2012)

    Six Compliance Lessons from the 2012 Latin America Corruption Survey

    A recent survey of companies spanning 14 countries throughout the Americas, organized by U.S. law firms Miller & Chevalier Chartered and Matteson Ellis Law PLLC along with 12 Latin American law firms, provides insight into corruption issues in the region.  Four hundred and thirty nine respondents from local, regional and multinational companies completed the 2012 Latin America Corruption Survey.  The results offer perspectives on the extent of corruption in Latin American countries, the effects of corruption on companies operating in those countries, the effectiveness of regional anti-corruption laws, and tools that companies are using to address corruption risks.  For a summary of the survey, see “Miller & Chevalier and Matteson Ellis Law’s 2012 Latin American Corruption Survey Results Shows Increasing Awareness of the FCPA,” The FCPA Report, Vol. 1, No. 3 (Jul. 11, 2012).  In a guest article, James Tillen and Matteson Ellis provide additional analysis that will be useful to compliance personnel when they are evaluating the effectiveness of their compliance programs in Latin America.  In particular, Tillen and Ellis highlight four themes of the results and six corresponding takeaways from the survey findings for compliance officers.  Tillen is Coordinator of Miller & Chevalier’s FCPA and Anti-Corruption Practice Group, and Ellis is Principal of Matteson Ellis Law and writes the FCPAméricas Blog.

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  • From Vol. 1 No.3 (Jul. 11, 2012)

    Miller & Chevalier and Matteson Ellis Law’s 2012 Latin American Corruption Survey Results Shows Increasing Awareness of the FCPA

    U.S. law firms Miller & Chevalier and Matteson Ellis, in cooperation with a number of Latin American law firms, have conducted a survey of 439 corporate executives at companies that do business in Latin America to gauge their perceptions of corruption there and the effectiveness and prevalence of various efforts to combat corruption.  The results reflect a fairly sobering view of the prevalence of business and government corruption in Latin America, but also show increasing awareness of the FCPA and the importance of taking measures to avoid corruption risks.  This article summarizes the key findings of the survey.

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