Bribery Act

  • Doing Less with Less and the Unification of Germany

    … investor value and confidence, reduces uncertainty in business transactions, and secures a company’s assets. A well-constructed, thought­fully implemented, and consistently enforced compliance and ethics program helps prevent, detect, remediate, and report misconduct, including FCPA violations.” (emphasis supplied) So while the DOJ and SEC…

    USA Recht- 43 Leser -


  • Doing Business in India – Corruption Risks and Responses

    … Recently the US law firm of Foley and Lardner LLP and MZM Legal, Advocates & Legal Consultants in India jointly released a white paper, entitled “Anti-Bribery and Foreign Corrupt Practices Act Compliance Guide for U.S. Companies Doing Business in India”. For any compliance practitioner it is a welcome addition to country specific…

    USA Recht- 45 Leser -
  • Code of Conduct, Compliance Policies and Procedures-Part I

    … drafting your Code of Conduct and anti-corruption compliance policies and procedures and how to assess, review and revise them on a timely basis. The cornerstone of a US Foreign Corrupt Practice Act (FCPA) compliance program is its written protocols. This includes a Code of Conduct, policies and procedures. These requirements have long been memorialized…

    USA Recht- 71 Leser -
  • When to Bring in Investigative Counsel and Why

    … for the article. He said, “A shrewd law firm that gets out in front of scandal can use that to its advantage in negotiating with authorities to lower penalties and sanctions. There is a great incentive to ferret out information so they can spin it.” All of these concerns are equally valid in the Foreign Corrupt Practices Act (FCPA) or UK Bribery Act…

    USA Recht- 85 Leser -
  • How Straight From The Lion’s Mouth Informs Your Hotline

    … under an anti-corruption law such as the Foreign Corrupt Practices Act (FCPA) or UK Bribery Act. Obviously the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) recognize the importance of an internal company reporting system, such as a hotline. In the FCPA Guidance it states, “An effective compliance program should include…

    USA Recht- 21 Leser -
  • Farewell to Bum and Bud: Trends in FCPA Compliance and Enforcement

    … Sometimes the universe converges in ways that are quite eerie. This past weekend was such an instance when the most beloved figure in Houston professional sports passed on to the great hereafter; only to be followed two days later by the most reviled figure in Houston professional sports history. The most beloved was Bum Phillips, head coach…

    USA Recht- 32 Leser -
  • Board of Directors and Doing Business in China Under the FCPA

    … to be at the forefront of the inquiry was where was the GSK Board of Directors? The role of a Board of Directors is becoming more important and more of a critical part of any effective compliance program. Indeed Board involvement is listed as one of the ten hallmarks of an effective compliance program, set out in last year’s FCPA Guidance. In addition to helping…

    NIETZER & HÄUSLER- 21 Leser -
  • FCPA: The Bribery Act in 2012: a Year for Transition

    … The past year has been one of transition for the UK Bribery Act and the Serious Fraud Office (SFO). The transitions began with the appointment of David Green QC, as Director of the SFO. Green’s appointment brought a different focus to the SFO regarding the enforcement of the Bribery Act. At the start of his four-year term David Green released…

    USA Recht- 31 Leser -
  • FCPA: The Bribery Act in 2012: a Year for Transition

    … The past year has been one of transition for the UK Bribery Act and the Serious Fraud Office (SFO). The transitions began with the appointment of David Green QC, as Director of the SFO. Green’s appointment brought a different focus to the SFO regarding the enforcement of the Bribery Act. At the start of his four-year term David Green released…

    NIETZER & HÄUSLER- 38 Leser -
  • FCPA: Using History to Create or Rebuild a Compliance Culture

    …-Tanugi, was quoted in a recent Corporate Crime Reporter article, entitled “Alcatel-Lucent Monitor Questions Morgan Stanley FCPA Declination”, as saying “I’ve noted a very significant change in the tone at the top since the time of those events that led to this deferred prosecution agreement. These changes are due to a number of factors…

    USA Recht- 73 Leser -
  • The High Costs of Non-Compliance!

    … you imagine if your company had to pay millions and millions of dollars for the investigation and then get hit with fines and penalties in the range that we have seen in the last few years? KBR/Halliburton- $579 million BAE- $400 million Snamprogetti/ENI- $365 million Technip-$137 million A review of these cases brings us to the Practical Pointer…

    USA Recht- 72 Leser -


  • Armistice Day: The Risks and Rewards of Foreign Joint Ventures

    … embroiled in an FCPA investigation due to its expansion into Mexico. Tomorrow, November 8th, we will examine some lessons learned from Wal-Mart’s investigation. Stay Tuned. Filed under: Best Practices,Bribery Act,compliance programs,Department of Justice,FCPA,Joint Ventures,Mary Jones — tfoxlaw @ 1:03 am Tags: compliance programs, Department of Justice, FCPA, Foreign Corrupt Practices Act, JVs, Mary Shaddock Jones © by Mary Shaddock Jones …

    USA Recht- 7 Leser -
  • Election Day – Just Who is a Foreign Government Official?

    … for today’s blog is this – doesn’t it make more sense for companies to prohibit all forms of bribery both commercial bribery (improper payment made with the corrupt intent to a private, rather than a governmental, person, company, or other entity in order to receive a business advantage) and governmental bribery? The U.K. Bribery Act takes this stance…

    USA Recht- 15 Leser -
  • FCPA: The Five Essential Elements of a Corporate Compliance Program – Part II

    … should be customized by region, country, industry, areas of compliance and types of employee. In addition to Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and OECD guidelines, focus on compliance risks in the country where the employees being trained are working. For example: In China, address the many corruption risks involved in dealing…

    USA Recht- 22 Leser -
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