Tags » Foreign Corrupt Practices Act

Declinations-with-Disgorgement in FCPA Cases Don't Worry Me: Here's Why

Among those who follow Foreign Corrupt Practices Act (FCPA) enforcement practices, there’s been a spate of commentary on a few recent cases in which the Department of Justice (DOJ) has resolved FCPA cases with a formal decision not to prosecute (a “declination”) that includes, as one of the reasons for (and conditions of) the declination, the target company’s agreement to disgorge to the U.S. 1,543 more words

Commentary

The Trade-Off Between Inducing Corporate Self-Disclosure and Full Cooperation

In discussions of appropriate sanctions for corporations that engage in bribery, much of the conversation focuses on the appropriate penalty reduction for firms that self-disclose violations, cooperate with authorities, or both. 903 more words

Commentary

U.S. Authorities Drop Investigation of IBM Activities in Poland

The U.S. Department of Justice and the Securities & Exchange Commission have stopped looking into allegations that a former IBM employee broke the law by bribing a Polish official to win government contracts. 482 more words

Tech

Is There a Local Culture of Corruption in the U.S.?

Culture often helps explain the behavior of individuals and firms. The general finding in the law and economics literature is that certain societal norms, such as attitudes toward corruption, persist even when individuals relocate to a very different legal and social milieu (e.g., Fernandez, 2011). 1,108 more words

White Collar Crime

The Perils of Dealing with Whistleblowers under the False Claims Act

Blank Rome LLP Partner Nicholas C. Harbist recently spoke on “Lyin’, Cheatin’, Stealin’: The Perils of Dealing with Whistleblowers under the False Claims Act” at Seton Hall Law’s U.S. 101 more words

White Collar Law Developments

What Might We Learn from the (Predicted) Walmart Settlement?

My post two weeks ago discussed reports that Walmart is on the verge of reaching a settlement with the U.S. government regarding allegations that several of Walmart’s foreign subsidiaries violated the Foreign Corrupt Practices Act (FCPA), and that the total penalties that Walmart would pay would be around $300 million. 1,327 more words

Commentary