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FCPA Blog Daily News

Entries in deferred prosecution agreements (10)

Tuesday
Jul262016

Five ways to prepare for the new French anti-corruption law

France is the latest nation to join the anti-corruption fray, working to finalize a new law to fight corruption, foster transparency and modernize economic activity.

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Thursday
Jun162016

DOJ: Biomet breached DPA

The DOJ said in a court filing this month that Biomet breached a 2012 deferred prosecution agreement "based on conduct in Brazil and Mexico."

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Monday
Mar282016

France: Foreign anti-bribery bill won't allow corporate settlements

The French bill for Transparency and Modernization of Economic Life, which, among other things, aims at preventing foreign bribery and intensifying the fight against it, has been the subject of much speculation during the past few months.

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Monday
Mar282016

Zimmer Biomet: Feds still investigating Brazil and Mexico FCPA allegations, DPA continues

Orthopedic device maker Zimmer Biomet Holdings Inc. said in a securities filing Friday the DOJ and SEC are still investigating possible FCPA violations in Brazil and Mexico.

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Monday
Jun012015

SFO: DPAs are a chance to live your corporate values

Ben Morgan, joint head of bribery and corruption at the UK Serious Fraud Office, spoke at this year's Global Anti-Corruption and Compliance in Mining Conference in London. He talked about the benefits of cooperation (sound familiar?).

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Tuesday
Feb172015

Judge Rakoff isn't showing Prof Garrett the love

Judge Jed Rakoff above, Prof Brandon Garrett belowIn the February 19 edition of the New York Review of Books, federal judge Jed Rakoff of the southern district of New York reviews Brandon Garrett's book, Too Big to Jail: How Prosecutors Compromise with Corporations.

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Tuesday
Oct072014

Pre-trial agreements are powerful corporate governance tools

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is its the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) somehow pervert the course of justice. Speaking from the perspective of a former in-house type, I have argued that corporations desire DPAs and NPAs because they bring certainty. Not only in ending an enforcement action but also in knowing your obligations going forward; they bring certainty in setting the fines and penalties to be paid for a FCPA violation. And, of course, if you enter into a DPA or NPA you bring your corporate client the certainty that you will not ‘Arthur Anderson’ your organization out of existence.

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Tuesday
Feb042014

Good-faith defense: A trump card for compliance officers

Preston Tull Eldridge of the Arkansas Law Review argued in a recent article that FCPA enforcement practices are "a lose-lose situation for corporate compliance programs."

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Thursday
Jan162014

Shearman & Sterling's FCPA Digest never disappoints

Shearman & Sterling has released its bi-annual FCPA Digest -- an invaluable compendium of every DOJ and SEC enforcement action catalogued, explained and analyzed, including parallel cases (private suits), ongoing investigations and all  DOJ opinion procedure releases.

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Thursday
Dec192013

Compliance officers should be 'friends of the court'

Judge Jed S. Rakoff, U.S. District Judge for the Southern District of New YorkWhen a pioneering jurist and friend of the compliance profession publishes an essay read by global thought leaders, and the essay has nothing to say about the compliance profession, we have to ask ourselves what we did wrong.

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