The FCPA Report

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

Recent Issue Headlines

Vol. 5, No. 11 (Jun. 1, 2016) Print IssuePrint This Issue

  • Training Insights From In-House Experts (Part One of Two)

    When it comes to anti-corruption training, law firms and vendors provide companies with numerous options – but which models really work? The FCPA Report spoke with a number of in-house counsel with responsibility for, and oversight of, anti-corruption programs at major companies such as Walmart International, The Hershey Company, Tyco, Weatherford and Barrick Gold. They offered insights into the methods and techniques that have been successful in the field, considering their diversified work forces and sometimes-limited budgets. This first article in our two-part series examines who needs to be trained when and how companies can make sure their employees are getting properly trained. The second article will discuss training curricula and the pedagogical tools the in-house experts have found to be successful. See “Twenty Tips for Creating an Effective Training Program” (Oct. 8, 2014).

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  • Supreme Court of Canada Weighs in on International Corruption Investigations

    Domestic prosecutions of international corruption cases are inherently challenging. In Canada, there has only been one guilty verdict following trial under Canada’s equivalent of the FCPA, the Corruption of Foreign Public Officials Act (CFPOA), in addition to a number of pre-trial guilty pleas. The lack of civil enforcement and resolution options for foreign corruption violations makes Canadian anti-corruption enforcement more challenging – the state must always meet the higher standard of proof required in criminal prosecutions. The Supreme Court of Canada was recently called upon to consider the application of the CFPOA in the context of a criminal trial and the disclosure obligations of the state to the accused. In a guest article, Mark Morrison and Michael Dixon, partners at Blake, Cassels & Graydon, and Alexandra Luchenko, an associate there, analyze that case, World Bank v. Wallace, and its effect on the enforcement landscape. See “The Essentials of the New Canadian Anti-Corruption Requirements” (Mar. 20, 2013).

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  • Current and Former Agents Discuss the Five Pillars of the FBI’s FCPA Strategy

    In conjunction with the announcement of the FCPA Unit’s Pilot Program in April, the DOJ noted that the FBI has recently established three new squads of special agents who will focus on FCPA and anti-money laundering investigations. These three International Corruption Squads, “should send a powerful message that FCPA violations that might have gone uncovered in the past are now more likely to come to light,” said Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division in a press release. At an invitation-only event hosted by global consulting firm Protiviti and at ACI’s 18th Annual New York Conference on the FCPA, current and former FBI agents explained that the FBI’s strategy for fighting international corruption is built on five pillars and discussed how the strategy will affect FBI FCPA investigations going forward. See “Going Deep on the Fraud Section’s FCPA Pilot Program (Part One of Three)” (Apr. 20, 2016); “How Will the Fraud Section’s Pilot Program Change Voluntary Self-Reporting? (Part Two of Three)” (May 4, 2016); “Earning Cooperation Credit Under the Fraud Section’s FCPA Pilot Program (Part Three of Three)” (May 18, 2016).

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  • U.K. Anti-Corruption Summit Brings Criticism and a Touch of Déjà Vu

    On May 12, 2016, the U.K. hosted a much-publicized Global Anti-Corruption Summit (Summit) in London. This was not, as some believed, a response to the leak of confidential records from the Panamanian law firm Mossack Fonseca, but an event that had been announced by U.K. Prime Minister David Cameron in a speech in Singapore on July 28, 2015, about tax evasion and tax avoidance. In a guest article, Collingwood Thompson, a barrister at London-based 7BR, explains how an emphasis on tax evasion and tax avoidance led to the Summit and discusses the key takeaways and controversies arising out of the event. See also OECD Working Group’s 2013 Report on Global Anti-Bribery Efforts Shows Lackluster Performance” (Jun. 26, 2013). 

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  • Checklist of Issues to Consider When Implementing a Hiring Practices Policy

    In the past year, the SEC’s settlements with BNY Mellon and Qualcomm have made it clear that, at least in the SEC’s opinion, a job or internship can be a “thing of value” under the FCPA. Hiring the relative of a foreign official in order to curry favor with that official can lead to an FCPA violation. The FCPA Report has put together a checklist a company can use when drafting and implementing policies governing hiring. A company can use this checklist to evaluate the strength of its program and identify areas for improvement. See also “Hiring Practices and FCPA Compliance in the Wake of the BNY Settlement”: Part One (Jan. 13, 2016); Part Two (Jan. 27, 2016).

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  • SEC’s Brockmeyer, DOJ’s Kahn Discuss Recent FCPA Enforcement Trends

    So far, 2016 has been an eventful year in FCPA enforcement. During a recent PLI panel, the SEC’s Kara N. Brockmeyer and the DOJ’s Daniel S. Kahn shared their perspectives on the DOJ pilot program, the Yates Memo, voluntary disclosures, individual accountability, cooperation among regulators, internal investigations and commercial bribery. The panel also featured insights on the enforcement climate from private practitioners Charles E. Duross and Lucinda A. Low. See also The FCPA Report’s three-part series on the pilot program: Part One (Apr. 20, 2016); Part Two (May 4, 2016); and Part Three (May 18, 2016).

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  • Former Prosecutor Seth B. Waxman Joins Dickinson Wright

    Dickinson Wright has announced that Seth B. Waxman has joined the firm as a member from the U.S. Attorney’s Office in Washington, D.C. Waxman joins the firm’s government investigations and SEC enforcement practice in Washington. His experience encompasses civil and criminal matters in the area of corporate fraud, including securities fraud, FCPA, government contracts, commercial bribery, Medicaid/Medicare fraud, international/domestic money laundering, bank secrecy, gaming, non-profit and Ponzi schemes. He has also conducted internal investigations prompted by whistleblowers, federal and state law enforcement, and various regulatory agencies.

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  • “London Whale” Defense Counsel Joins Pryor Cashman

    E. Scott Schirick, who represented JPMorgan in the 2012 “London Whale” incident, has joined Pryor Cashman as a partner in New York. Schirick joins from WilmerHale, where he was counsel for five years. Schirick’s experience encompasses complex federal and state court litigation, securities enforcement and regulatory investigations, white-collar criminal defense matters involving the FCPA, public-corruption probes, anti-money laundering and Bank Secrecy Act issues as well as investigations and litigation under the False Claims Act. See “JPMorgan Chase Anti-Money Laundering Consent Orders Highlight the Role of Risk in Structuring Compliance Programs” (Jan. 23, 2013).

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