The FCPA Report

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

Recent Issue Headlines

Vol. 1, No. 11 (Nov. 7, 2012) Print IssuePrint This Issue

  • The FCPA Report Publishes Special Issue Primarily Dedicated to Coverage of the ABA’s Fifth Annual National Institute on the Foreign Corrupt Practices Act

    From October 17-19, 2012, the American Bar Association hosted the Fifth Annual National Institute on the Foreign Corrupt Practices Act in Washington, D.C.  This event brought together in-house counsel, law firm partners and other thought leaders whose practices or job descriptions regularly bring them into contact with the FCPA, the U.K. Bribery Act and other global anti-bribery regimes.  Panels at the Institute covered a wide range of relevant topics and identified current best practices on many of the most difficult questions facing anti-bribery professionals.  In light of the concentration of talent at the Institute, the depth of insight of participants and the fact that many professionals concerned with the topics discussed were not able to attend, we are publishing a special issue of The FCPA Report primarily dedicated to deep coverage of selected panels at the Institute.  Specifically, the first four substantive articles in this issue discuss, respectively, the interaction between corporate social responsibility regulation and FCPA compliance; trends in SEC enforcement of the FCPA and strategies for negotiating civil FCPA settlements; strategies from Pfizer, Barrick Gold and other leading companies for handling actual and potential FCPA whistleblowers; and litigation, settlement and risk management lessons learned from recent FCPA trials.  In addition to our coverage of the ABA Institute, this issue also includes an article on a recent survey by Kroll Advisory Solutions identifying global fraud trends and risks in Europe, the Middle East and Africa, as well as an article on two recent speeches by Assistant Attorney General Lanny Breuer discussing deferred prosecution agreements, civil forfeiture and FCPA enforcement against individuals.

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  • The New Landscape of Corporate Social Responsibility Regulation and Its Overlap with FCPA Compliance

    New legislative demands on companies go beyond just prohibiting bribery to impose broader social responsibility, such as certifying that their products were not made with child labor, that their employees and supply chain partners did not engage in any trafficking-related activities, and others.  A broad anti-corruption program can incorporate social responsibility and supply chain issues as well as FCPA and anti-bribery elements, as many of the risk areas and bad actors – third parties especially – overlap.  This article – based on a panel at the ABA’s Fifth Annual FCPA Institute in Washington, D.C. on October 19, 2012, as well as independent research – discusses the current international landscape of Corporate Social Responsibility (CSR) laws around the world; the potential tension between CSR and bribery laws; how CSR and FCPA violations overlap; how companies can adapt their FCPA compliance programs to integrate CSR and broader corruption issues; and the likely ways in which the new CSR laws will be enforced.

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  • ABA Panel Focuses on Trends in SEC Enforcement of the FCPA and Strategies for Negotiating Civil FCPA Settlements

    The SEC’s focus on the FCPA has remained sharp, and recent changes to its policies and new enforcement tools require defense lawyers to rethink their strategies for dealing with the agency.  On October 18, 2012, a group of distinguished attorneys discussed these issues at the ABA’s Fifth Annual National Institute on the FCPA in Washington, D.C.  The panel was moderated by Cheryl Scarboro, now a partner at Simpson Thacher & Bartlett LLP after a 19-year tenure at the SEC, most recently as the first Chief of the FCPA Unit in the Division of Enforcement.  The participants discussed the latest changes to the SEC’s “neither admit nor deny” policy; the viability of tack-on civil litigation; return of disgorged profits to victims or victim countries; negotiation of the disgorgement figure with the SEC; and the SEC’s use of non-prosecution agreements and deferred prosecution agreements.  This article provides highlights from the panel discussion, with particular emphasis on strategies useful to companies and counsel in responding to the SEC during investigations and in negotiating with the agency in settlement proceedings.

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  • Specific Strategies from Pfizer, Barrick Gold and Other Leading Companies for Handling Actual and Potential FCPA Whistleblowers

    The SEC’s new whistleblower bounty program, promulgated under the Dodd-Frank Act, has altered litigation strategy and forced in-house counsel and compliance officers to revisit portions of their compliance policies to encourage would-be whistleblowers to report internally in lieu of, or before, going to the government.  On October 19, 2012, at the ABA’s Fifth Annual FCPA Institute in Washington, D.C., a group of in-house and outside counsel discussed how the whistleblower program has affected FCPA compliance policies, the challenges of handling and disciplining whistleblowers as well as recent caselaw interpreting the provisions.  For more on discipline considerations for anti-bribery professionals, see “When, Why and How Should Companies Discipline Employees for FCPA Violations?,” The FCPA Report, Vol. 1, No. 8 (Sep. 19, 2012).

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  • Litigation, Settlement and Risk Management Lessons Learned from Recent FCPA Trials

    FCPA trials present specific obstacles, and as the recent “SHOT Show” case demonstrates, can be difficult for the government to win.  On October 18, 2012, as part of the Fifth Annual ABA FCPA Institute in Washington, D.C., a panel of litigators and current and former prosecutors discussed recent FCPA trials and lessons learned from them.  The lively panel disagreed over issues such as the uniqueness of FCPA trials, and whether juries really care about bribery.  U.S. Attorney Neil MacBride also provided insight into trial work in the Eastern District of Virginia, home of the “Rocket Docket,” where some FCPA cases have been brought recently.

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  • Kroll Survey Identifies Global Fraud Trends and Risks in Europe, the Middle East and Africa

    Kroll Advisory Solutions (Kroll) recently released its sixth annual “Global Fraud Report,” analyzing the results of an in-depth survey on fraud and corruption worldwide conducted in July and August 2012.  To complete its research, Kroll’s Economist Intelligence Unit polled more than 830 senior executives in a broad range of industries, with over half the participants holding C-level positions at companies with annual revenues exceeding $500 million.  This article discusses Kroll’s key survey findings and recommendations then details Kroll’s regional analyses for Europe, the Middle East and Africa.

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  • In Recent Remarks, Assistant Attorney General Lanny Breuer Discusses Deferred Prosecution Agreements, Civil Forfeiture and FCPA Enforcement against Individuals

    Lanny Breuer, head of the DOJ’s Criminal Division, has given two speeches in the last few weeks about the FCPA.  (The DOJ’s Fraud Section is responsible for enforcement of the criminal provisions of the FCPA.)  See also “Chief of the DOJ’s Criminal Division Defends the Use of Deferred Prosecution Agreements in FCPA Enforcement Actions,” The FCPA Report, Vol. 1, No. 8 (Sep. 19, 2012).

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  • Jay Jorgensen Named Wal-Mart’s New Global Chief Compliance Officer

    According to an October 24, 2012 internal memo by Wal-Mart Chief Executive Officer Mike Duke, Wal-Mart’s compliance, ethics, investigations and legal units will become one organization as of December 1, 2012 under Executive Vice President, General Counsel and Corporate Secretary Jeff Gearhart.  As of December 3, Jay Jorgensen will become Wal-Mart’s Senior Vice President and Global Chief Compliance Officer, reporting to Gearhart, according to the memo.  Jorgensen will be joining Wal-Mart from Sidley Austin.

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  • FCPA and Securities Lawyer Marlon Paz Joins Locke Lord’s White Collar Team

    On October 17, 2012, law firm Locke Lord LLP announced that Marlon Q. Paz, a litigator experienced in FCPA and global anti-corruption matters, complex securities issues and internal investigations, joined the firm’s litigation department as a partner in the Washington, D.C. office.

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