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Entries in Enforcement Policy (76)


Joe Murphy: Big Brothers penalty shows our dysfunctional legal system

OK, here is the starting point. Someone breaks the law and they need to be punished. Sounds good. Someone misuses government money and is penalized. Still sounds good. 

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Paul Pelletier: Sporadic enforcement isn't effective enforcement

At a recent ubiquitous FCPA conference, Assistant Attorney General Leslie Caldwell noted that even more resources would be added to the Fraud Section’s FCPA Unit, increasing the number of prosecutors by 50% from 20 to 30 trial attorneys, making this specialty unit larger than the entire white collar sections of most United States Attorneys’ Offices nationwide.

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Bill Steinman: Reports of the FCPA’s demise are greatly exaggerated (and just plain wrong)

This time of year, FCPA prognosticators abound.  Just as the arrival of a New Year is heralded by the popping of champagne corks, January brings with it much gazing into our FCPA crystal balls. Looking back over the prior year, we do our best to offer insight into what enforcement trends the New Year will bring.

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Joseph Spinelli: FCPA enforcement takes aim at financial services 

This summer the SEC charged BNY Mellon with violating the FCPA by providing highly sought-after student internships to family members of foreign government officials who were directly affiliated with a Middle Eastern sovereign wealth fund. The enforcement action is a clear harbinger of what's to come.

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Alex Brackett: SEC ‘broken windows’ enforcement policy is showing FCPA results

In October 2013, SEC Chairwoman Mary Jo White announced a broken windows enforcement policy to “pursue even the smallest infractions” of U.S. securities laws, including the FCPA, as a means of deterrence. 

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Are settlements a deterrent or a dodge?

The DOJ has unveiled new guidance to federal prosecutors about bringing criminal cases against individuals in instances of corporate wrongdoing.

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Richard Bistrong: Turn off the movie and read the Yates Memo

When I was asked last week during a TV interview if I once believed I could do wrong with impunity, I responded, “I never thought about getting caught.” Now, almost ten years after my last criminal act, comes the Yates Memo.

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Paper: The FCPA is a new ‘international business tax’ on non-U.S. companies

After conducting statistical analysis on Foreign Corrupt Practices Act penalties, it's clear that foreign firms are paying nearly four times higher FCPA penalties as domestic U.S. firms. 

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In defense of the Caldwell Doctrine

Image courtesy of C-Span via YoutubeAs the FCPA Blog reported last week, DOJ criminal division chief Leslie Caldwell recently gave an important talk at Duke Law School in which she laid out her vision of the Foreign Corrupt Practices Act. Her vision is compelling, and important, in so many ways. I rise in defense of one of them.

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The International Compliance Leadership Series (March 7, Singapore)

The International Compliance Leadership Series, co-hosted by the FCPA Blog and Norton Rose Fullbright, is a chance for regional and international compliance professionals to meet with some of the world’s leading authorities on anti-corruption compliance and enforcement.

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More from McGuire Woods on Bribery Act expansion

On Friday, I wrote about how the director of the Serious Fraud Office, David Green, proposed an amendment to the UK Bribery Act that would expand the law's coverage and lead to the possible blacklisting of companies.

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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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