The FCPA Report

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

Recent Issue Headlines

Vol. 2, No. 6 (Mar. 20, 2013) Print IssuePrint This Issue

  • How to Find a Business-Minded Compliance Monitor and Minimize Reporting Requirements When Negotiating an FCPA Settlement (Part Three of Three)

    Resolving a government FCPA investigation is a costly proposition; if a company is required to retain a monitor, the costs skyrocket.  Companies can limit the burden of monitorship, however, by carefully vetting their monitor candidates and choosing a monitor that is business-minded, pragmatic and efficient.  This article details the specific characteristics a company should look for when choosing a monitor and discusses strategies for limiting the costs of monitorship.  The first article in this three-part series examined precedent, practice and trends in post-settlement FCPA reporting obligations; discussed the shift to less traditional forms of reporting; explained the process by which reporting obligations are created; and described the mechanics of the most intrusive types of reporting – traditional monitorship and self-reporting.  See “How to Find a Business-Minded Compliance Monitor and Minimize Reporting Requirements When Negotiating an FCPA Settlement (Part One of Three),” The FCPA Report, Vol. 2, No. 4 (Feb. 20, 2013).  The second article in this series provided real-world examples of innovative reporting requirements and outlined strategies for negotiating the most beneficial reporting requirements possible.  See “How to Find a Business-Minded Compliance Monitor and Minimize Reporting Requirements When Negotiating an FCPA Settlement (Part Two of Three),” The FCPA Report, Vol. 2, No. 5 (Mar. 6, 2013).

    Read full article …
  • How to Manage a Multi-National Anti-Corruption Investigation

    Managing a single internal anti-bribery investigation that spans multiple jurisdictions requires forethought, coordination, creativity and preparation.  When leading an investigatory team, counsel must consider both the laws and customs of the United States and the laws and customs of the multiple jurisdictions where its client maintains operations.  Counsel also must be mindful of the relationships between various jurisdictions.  Failing to identify and address the specific issues relevant to an investigation can have significant legal and financial consequences.  A panel of experts at the New York City Bar recently shared their insights on how to successfully run a complex international investigation.  The panelists offered advice on, among other things, navigating data privacy laws; protecting the attorney-client privilege; addressing employee rights; and determining whether to voluntarily disclose the results of an internal investigation.

    Read full article …
  • Structuring FCPA Books and Records Controls to Withstand SEC Scrutiny Without Impairing Sales

    Although the FCPA is commonly known as an “anti-bribery” law, it is frequently difficult for the SEC and DOJ to prove that a suspect payment was made with the requisite “corrupt” intent to establish a violation of FCPA Section 78dd-a.  However, investigations of suspect payments often reveal violations of FCPA Section 78m, which requires a company to maintain appropriate internal accounting controls and accurate books and records (the Accounting Provisions).  Even if a payment to a government official does not constitute an impermissible bribe, if that payment is recorded as a sales commission, then the company can still be held liable for an FCPA Accounting Provisions violation.  A recent webinar shed light on SEC enforcement and investigative priorities with regard to the Accounting Provisions and on how companies can approach the development of suitable accounting controls.  This article catalogues the noteworthy insights from the webinar.

    Read full article …
  • The Essentials of the New Canadian Anti-Corruption Requirements

    The anti-corruption regime in Canada is likely about to get a lot stronger, significantly impacting the enforcement risks for Canadian companies operating at home and abroad.  In February of this year, a bill was introduced in the Canadian Parliament to significantly amend Canada’s Corruption of Foreign Public Officials Act (CFPOA).  The decision to strengthen the CFPOA comes on the heels of significant criticism leveled against the Canadian government over the past several years for its lack of anti-corruption enforcement.  The amendments are expected to pass the legislature in the near future.  In a guest article, Mara V.J. Senn and Mauricio Almar, partner and associate, respectively, at Arnold & Porter LLP, discuss the proposed amendments, how they will impact Canadian companies and others subject to the CFPOA, and draw comparisons and contrasts with the FCPA.

    Read full article …
  • How to Defend Individuals Against FCPA Charges (Part Two of Two)

    More individuals have been charged with violations of the FCPA in the past few years than ever before in the statute’s history.  The government has indicated repeatedly that this is a trend they expect to continue.  Accordingly, defending individuals in FCPA matters is becoming increasingly common.  But representing individuals in FCPA cases is different in important ways from defending corporations; the issues faced by corporations whose people are charged are notably different from the issues faced by corporations which themselves are charged.  A panel of experts at the New York City Bar recently shared their insights on salient concerns related to representing individuals facing FCPA charges.  The FCPA Report is synthesizing their advice in a two-part article series.  This article, the second in the series, addresses advising individual FCPA defendants on whether to participate in a company interview; when and how to cooperate with counsel for other individuals; and tips for cooperating with the government.  The first article discussed the primary differences between representing individuals and corporations; the key points to remember when negotiating payment of an individual’s attorney fees; when to enter into and how to draft Joint Defense Agreements; and how to gather information from company counsel.   See “How to Defend Individuals Against FCPA Charges (Part One of Two),” The FCPA Report, Vol. 2, No. 5 (Mar. 6, 2013).

    Read full article …
  • How Broad Is the FCPA’s Reach Over the Acts of Foreign Nationals?

    Within the last few months, U.S. courts, the Department of Justice and the Securities and Exchange Commission clarified the reach of the FCPA over foreign nationals, and courts determined that physical presence is required to begin the statute of limitations for bribery claims.  In a guest article, Palmina M. Fava and Mor Wetzler, partner and associate, respectively, at Paul Hastings LLP, distill important takeaways from those authorities and provide insight on those issues, harmonizing the holdings of SEC v. Straub and SEC v. Sharef and the FCPA Resource Guide.

    Read full article …
  • Paul Hastings Adds Seasoned FCPA Prosecutor to Its Washington, D.C. Office

    On March 11, 2013, Paul Hastings LLP announced that Nathaniel Edmonds joined the firm as a partner in the Global Compliance and Disputes practice, based in Washington, D.C.  Edmonds was the Assistant Chief of the Fraud Section, Foreign Corrupt Practices Act Unit in the Criminal Division at the DOJ.  He told The FCPA Report that, in private practice, he expects to “combine a wide range of services to clients who are struggling with increased global corruption risks.”

    Read full article …
  • Quanta Services Names Gerard Sonnier General Counsel

    On March 14, 2013, Quanta Services, Inc., a contracting services company delivering infrastructure solutions for the electric power and natural gas and pipeline industries, announced that Gerard Sonnier has joined the company as vice president and general counsel.  Sonnier comes to Quanta after serving as vice president, assistant general counsel, litigation and chief Foreign Corrupt Practices Act compliance officer with Waste Management, Inc.

    Read full article …