The FCPA Report

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

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By Topic: FCPA Genius

  • From Vol. 4 No.22 (Oct. 28, 2015)

    The FCPA Genius: The FCPA Report’s Interactive Guide to FCPA Compliance 

    At the request of subscribers, The Law Report Group has created The FCPA Genius, a dynamic and regularly updated interactive guide, to help new lawyers (and more seasoned lawyers looking to practice in this area) understand the FCPA and how it is enforced, as well as identify best practices for compliance with the FCPA and other global anti-corruption statutes.  Unlike other sources, The FCPA Genius is not a regurgitation of the FCPA statute.  Instead, The FCPA Genius leverages the expertise of The FCPA Report to provide plain-English explanations of the statutory elements and the thorny legal issues associated with them; analysis of the government’s guidance, enforcement mechanisms and trends; insight on the perennial FCPA risks and how to handle them, using recent enforcement actions as guidance; cost-saving practices for establishing an effective compliance program; and guidance on conducting internal investigations and negotiating with the government.  

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  • From Vol. 4 No.22 (Oct. 28, 2015)

    I.  Overview of the FCPA

    In the first section of The FCPA Genius, we discuss the history of the FCPA and detail its provisions and who is subject to them.  We also explain related federal laws and dig into a few thorny legal issues the FCPA raises, such as the meaning of “foreign official,” “thing of value,” “obtaining or retaining business” and jurisdictional and parent-subsidiary liability issues.

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  • From Vol. 4 No.22 (Oct. 28, 2015)

    II.  Enforcement Mechanisms and Guidance 

    The second section of The FCPA Genius addresses the 2012 DOJ/SEC Resource Guide and explains how the DOJ and SEC enforce the FCPA, using specific enforcement actions to highlight how the enforcement mechanisms (such as deferred prosecution agreements, non-prosecution agreements and administrative actions) work.  This section also discusses FCPA enforcement trends and what companies can learn from the current climate. 

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  • From Vol. 4 No.22 (Oct. 28, 2015)

    III.  Perennial FCPA Risks

    In the third section of The FCPA Genius, we examine the FCPA risks that frequently plague multi-national companies, including: relationships with third parties; gifts, travel and entertainment; charitable donations; political contributions; mergers and acquisitions; and joint ventures.  We also include the relevant details of illustrative enforcement actions for each risk area.

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  • From Vol. 4 No.22 (Oct. 28, 2015)

    IV.  Protecting the Company – Compliance Essentials 

    The fourth section of The FCPA Genius deals with how companies can build, enhance and monitor their compliance programs.  We address how to obtain buy-in from management; optimal ways to structure compliance departments; how to keep policies and procedures dynamic; best practices for training, discipline and hotlines; effective ways to monitor and test a compliance program to make sure it does not get stale; and more.

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  • From Vol. 4 No.22 (Oct. 28, 2015)

    V.  What to Do When Things Go Wrong

    The fifth section of The FCPA Genius explores actions companies can take when there is a suspected violation of the FCPA, such as what to consider when contemplating a voluntary disclosure to the government.  In this section, we also address strategies for conducting efficient and thorough internal investigations, including handling attorney client privilege and data privacy issues. 

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